Engel v. Buchan

MEMORANDUM OPINION AND ORDER

MILTON I. SHADUR, Senior District Judge.

Counsel for codefendants Robert Buchan (“Buchan,” a former FBI agent) and the United States have moved to dismiss the state law tort claims advanced by plaintiff Gary Engel (“Engel”) against the latter. While Engel’s original Complaint included claims of intentional infliction of emotional distress, malicious prosecution and civil conspiracy, he did not name the United States as a party until he added it as a defendant via the Federal Torts Claims Act 1 in his November 2010 Amended Complaint.

In late February 2011 the United…