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YACUBIAN v. U.S.

No. 13-1947.

750 F.3d 100 (2014)

Lawrence M. YACUBIAN, Plaintiff, Appellant, v. UNITED STATES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 30, 2014.

Attorney(s) appearing for the Case

Jonathan H. Lasken , with whom Paul T. Muniz , Zachary Gates, Burns & Levinson LLP, and Hunton & Williams LLP, were on brief, for appellant.

Christine J. Wichers , Assistant United States Attorney, with whom Anton P. Giedt , Assistant United States Attorney, and Carmen M. Ortiz , United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

LYNCH, Chief Judge.

Lawrence M. Yacubian, a former scallop fisherman, filed suit in July 2012 alleging his prior prosecution by the National Oceanic and Atmospheric Administration ("NOAA") constituted malicious prosecution and abuse of process under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680. He did so after official reports stated that there had been abuses by NOAA.

The 2012 suit arises out of Yacubian's prosecution in...

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