Yacubian v. United States
Court of Appeals for the First Circuit
1Opinion of the Court
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 2000 by the enforcement arm of NOAA. The Administrative Law Judge (“ALJ”) sustained .all charges against Yacubian. On judicial review of the ALJ’s…
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