Appellate Law

CA1: abuse of process and malicious prosecution claims sort of discussed

By S. COTUS

Gonzalez-Rucci v. INS, No. 07-1198 (8/21/08).  Oh god this case is a mess.  We got an immigration lawyer.  She gets hit upon by an INS Officer, Andrés Núñez.  She rejects the hitting upon. Suddenly, the INS started abusing her (e.g deliberately losing paperwork and making her wait hours), and suspended her from practice.  He complaints were ignored.   Shortly thereafter the US Attorneys Office files charges against her claiming that she helped foreigners enter into sham marriages.  The is acquitted at trial.  The evidence seemed extremely thin: some tips about how to behave in an interview with the INS.

She then sues under the FTCA, Bivens, and other things.  The District Court dismissed them all, but the First remanded on the abuse of process and malicious prosecution claims.  González-Rucci v. U.S. Immigration & Naturalization Serv., 405 F.3d 45, 48 (1st Cir. 2005).  After a bench trial, the District Court dismissed the remaining claims.  The First Discusses the Puerto Rican law of malicious prosecution and finds enough in there to show that the government had probable cause.  And, as a factual matter, the First upholds the finding that the US Attorneys Office acted in good faith.

Full post as published by Appellate Law and Practice on August 22, 2008 (boomark / email).