Pesnell v. United States

MEMORANDUM**

Plaintiff-Appellant David C. Pesnell (“Pesnell”) brought claims against the government under the Federal Tort Claims Act (“FTCA”) for misrepresentation, unjust enrichment, constructive trust, conversion, and negligence. Pesnell also brought claims for wrongful search and seizure and violation of due process under the Fourth, Fifth and Fourteenth Amendments. Pesnell’s final claim was brought under the Freedom of Information Act (“FOIA”) for the return of documents. The district court properly dismissed all of Pesnell’s claims.

The FTCA specifically exempts claims for…