Tsolmon v. United Sates

Plaintiff filed suit alleging false arrest and false imprisonment under Louisiana tort law, and negligence under Louisiana law. The district court granted the government's motion to dismiss based on lack of subject matter jurisdiction. The district court concluded, inter alia, that the alleged conduct falls within the discretionary function exception to the Federal Tort Claims Act's (FTCA), 28 U.S.C. 2680(a), waiver of sovereign immunity. On appeal, plaintiff challenges the district court’s determination that the challenged conduct involved judgment or choice. The court concluded that an investigation into plaintiff's immigration status is considered discretionary when that investigation culminates in a detainment mandated by agency policy. In this case, the officers did not exceed their authority under 8 U.S.C. 1357(a)(2) when they detained plaintiff. Accordingly, the court affirmed the judgment. View "Tsolmon v. United Sates" on Justia Law