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NGUYEN v. U.S.

No. 07-12874.

556 F.3d 1244 (2009)

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.

February 4, 2009.

Attorney(s) appearing for the Case

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

Beth M. Coleman, St. Petersburg, FL, Robert Anthony Rush, Rush & Glassman, Gainesville, FL, for Nguyen, Andrew Nguyen, MD PA.

Roy F. Blondeau, E. Bryan Wilson, U.S. Attorney's Office, N.D.FL, Tallahassee, FL, Marian B. Rush, Rush & Glassman, Gainesville, FL, for U.S.

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

CARNES, Circuit Judge:

Although neither party has petitioned for rehearing, we rescind our earlier opinion in this case, Nguyen v. United States, 545 F.3d 1282 (11th Cir.2008), and substitute this one for it.

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...

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