A U.S. Marshal accused of punching a witness in the face can’t pursue a Federal Tort Claims Act suit against his employer for the way it handled its investigation of the incident, the Seventh Circuit said.
The U.S. Marshal’s decision to prohibit other marshals from talking to Stephen Linder and his attorney falls under the FTCA’s discretionary function exception, the Sept. 9 opinion by Judge Frank H. Easterbrook said.
The FTCA grants federal courts jurisdiction over tort suits against the U.S. But one section of the statute says its waiver of sovereign immunity doesn’t apply to malicious prosecution, provided it ...
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