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BARROS-VILLAHERMOSA v. U.S.

No. 09-2614.

642 F.3d 56 (2011)

Carlos BARROS-VILLAHERMOSA, Plaintiff, Appellant, v. UNITED STATES; United States Department of Homeland Security; United States Customs and Border Protection; Marcelino Borges; Mirella Couto; Dennis Meccanego; Jorge Muñiz; Jorge Pagán-Albino; Maria Palmer; Reynaldo Sánchez-Ruíz; Roberto Vizcarrondo, Defendants, Appellees, Jesús M. Torres-De León; José Muñiz, Defendants.

United States Court of Appeals, First Circuit.

Decided April 15, 2011.

Attorney(s) appearing for the Case

Juan R. Rodríguez , with whom Rodríguez López Law Offices, P.S.C. was on brief, for appellant.

Ginette L. Milanés , Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Assistant United States Attorney, Chief, Appellate Division and Thomas F. Klumper , Assistant United States Attorney, were on brief, for appellees.

Before TORRUELLA, SILER and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Carlos Barros-Villahermosa ("Barros") appeals from an order granting summary judgment in favor of the United States on his malicious prosecution claim brought under the Federal Tort Claims Act ("FTCA"). We affirm.

I. BACKGROUND1

In 2004, Barros was a U.S. Customs and Border Patrol officer assigned to Luis Muñoz Marín International Airport in San Juan, Puerto Rico. One day after...

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