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NIEVES MARTINEZ v. UNITED STATES

No. 19-16953.

997 F.3d 867 (2021)

Armando NIEVES MARTINEZ; Amelia Pesqueira Ortega, on their behalf and on behalf of R.N.P.; Armando Nieves Pesqueira, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2021.

Attorney(s) appearing for the Case

David L. Abney (argued), Ahwatukee Legal Office P.C., Phoenix, Arizona, for Plaintiffs-Appellants.

Dennis C. Bastron (argued), Assistant United States Attorney; Christina M. Cabanillas , Deputy Appellate Chief; Michael Bailey , United States Attorney; United States Attorney's Office, Tucson, Arizona; for Defendant-Appellee.

Dissent by Judge W. Fletcher.

OPINION

This appeal requires us to decide if the discretionary-function exception, 28 U.S.C. § 2680(a), shields the United States from suit under the Federal Tort Claims Act (FTCA) for allegedly tortious actions during a criminal investigation related to a border crossing. We hold that, because the alleged...

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