NGUYEN v. U.S.

No. 07-12874.

545 F.3d 1282 (2008)

Andrew NGUYEN, MD, an individual, Andrew Nguyen, MD PA, A Florida Professional Association, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 21, 2008.


Attorney(s) appearing for the Case

John W. Jolly, Jr., Jolly & Peterson, P.A., Tallahassee, FL, for Kenneth Carlisle and Sheriff Turner.

Beth M. Coleman, St. Petersburg, FL, Robert Anthony Rush and Marian B. Rush, Rush & Glassman, Gainesville, FL, for Nguyens.

Roy F. Blondeau and E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.

Before CARNES and MARCUS, Circuit Judges, and BUCKLEW, District Judge.


CARNES, Circuit Judge:

This appeal brings us the question of whether the waiver of sovereign immunity in the Federal Tort Claims Act, 28 U.S.C. § 1346(b), extends to claims of false arrest, false imprisonment, and malicious prosecution arising from the acts or omissions of federal investigative or law enforcement officers. See id. § 2680(h). The facts of this case show why Congress has chosen to waive the sovereign immunity of the United States in...

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