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ICE Agent’s Job Bias-Based Malicious Prosecution Suit Revived

Sept. 6, 2022, 5:28 PM

The US government must face a claim by an Immigration and Customs Enforcement agent of Chinese national origin that she was falsely accused of criminal wage theft because she lodged a workplace harassment complaint, the Ninth Circuit ruled.

Kui Myles’ malicious prosecution claim isn’t barred by the discretionary function exception to the Federal Tort Claims Act, a unanimous panel said.

The FTCA generally waives the federal government’s sovereign immunity against being sued, and it applies to claims arising out of wrongdoing by federal employees acting within the scope of their employment, the court said. Under the discretionary function exception, however, ...