Legal Opinion

Nguyen v. United States

Court of Appeals for the Eleventh Circuit

Decided October 21, 2008No. 07-12874PublishedCited by 39 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Although neither party has petitioned for rehearing, we rescind our earlier opinion in this case, Nguyen v. United States, 545 F.3d 1282 (11th Cir.2008), and substitute this one for it.

This appeal brings us the question of whether the waiver of sovereign immunity in the Federal Tort Claims Act, 28 U.S.C. § 1346(b), extends to claims of false arrest, false imprisonment, and malicious prosecution arising from the acts or omissions of federal investigative or law enforcement officers. See id. § 2680(h). The facts of this case show why Congress has chosen to waive the…

2Cases cited33 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. United States v. GaubertSupreme Court of the United States · 1991
  4. Artuz v. BennettSupreme Court of the United States · 2000
  5. United States v. GonzalesSupreme Court of the United States · 1997

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3Cited by39 opinions

  1. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  3. Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
  4. Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  5. Norelus v. Denny's, Inc.Court of Appeals for the Eleventh Circuit · 2010

34 more not listed; retrieve them via the Exa API.

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