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CA11: FTCA claim for malicious prosecution and illegal search stands

By John Wesley Hall, Jr.

District court erred in granting the government's motion to dismiss under the FTCA for plaintiff's false arrest and malicious prosecution action. He got a judgment of $1.8M from a jury. Nguyen v. United States, 2008 U.S. App. LEXIS 21840 (11th Cir. October 21, 2008) (Comment: This case is compelling reading, as the court intended. Dr. Nguyen is a North Vietmaneseborn doctor who fled Vietnam after having been imprisoned repeatedly there. Here, he was targetted by the DEA and state officers for wrongfully prescribing valium and hydrocodone, his case made the headlines, his patients defected, and then the case evaporated and was nolle prossed in a mere 55 days.). Factual dispute as to the underlying constitutional claim over decedent's death in custody precluded qualified immunity...continue to full post

Full post as published by Fourth Amendment on October 23, 2008 (boomark / email).