Michael J. Sutton and John Wiley Mitchell v. United States

JOHN R. BROWN, Circuit Judge:

Today, we consider the interplay between two sections of the Federal Tort Claims Act: the “discretionary function exception” of 28 U.S.C. § 2680(a), and the “law enforcement proviso” of § 2680(h). The court below incorrectly interpreted the relationship between the two when it dismissed the plaintiffs’ somewhat tenuous claims of malicious prosecution because they had failed to surmount the hurdle of the discretionary function exception. Because the trial court lacked the precise facts on which to base its decision, we reverse and remand.

An Evil Deed, a Forged Deed

I…