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WATSON v. U.S.

Docket Nos. 16-655 (L), 16-1357 (XAP) August Term, 2016.

865 F.3d 123 (2017)

Davino WATSON, Plaintiff-Appellant-Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee-Cross-Appellant, Juan Estrada, Michael Ortiz, Timothy Gunther, John Does, 1-8, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2017.

Attorney(s) appearing for the Case

MARK A. FLESSNER ( Robert J. Burns on the brief), Holland & Knight LLP, Chicago, IL, for Plaintiff-Appellant-Cross-Appellee Davino Watson.

JOSEPH A. MARUTOLLO ( Varuni Nelson , James R. Cho , and Elliot M. Schachner on the brief), for Robert L. Capers , United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee-Cross-Appellant United States of America.

Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, MA; Mary Kenney , American Immigration Council, Washington, DC, for amici curiae National Immigration Project of the National Lawyers Guild; American Immigration Council, in support of Davino Watson.

Before: KATZMANN, Chief Judge, JACOBS, and LIVINGSTON, Circuit Judges.

Davino Watson, a United States citizen, was held in immigration custody for three-and-a-half years on the mistaken belief that he was a deportable alien. He sued under the Federal Tort Claims Act (the "FTCA") in the United States District Court for the Eastern District of New York (Weinstein, J.), asserting false imprisonment...

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