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IGNACIO v. U.S.

No. 10-2149.

674 F.3d 252 (2012)

Nicholas IGNACIO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Stephen Michael Terpak , Terpak and Associates, PLLC, Arlington, Virginia, for Appellant. R. Joseph Sher , Office of the United States Attorney, Alexandria, Virginia, for Appellee.

ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge SHEDD and Judge DIAZ joined. Judge DIAZ wrote a separate concurring opinion.

OPINION

FLOYD, Circuit Judge.

Kevin Lane, a Pentagon police officer, allegedly assaulted Nicholas Ignacio, a contract security officer assigned to the Pentagon, while they were stationed at a security checkpoint for Pentagon employees. Ignacio sued the United States for assault under the Federal Tort Claims Act (FTCA). The district court granted summary judgment to the United States, holding that because Lane was not "engaged in investigative or law enforcement...

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