Michael J. Sutton and John Wiley Mitchell v. United States

U.S. Court of Appeals, Fifth Circuit · Decided 1987-06-25

Cited by 116 later decision(s) in our corpus · see the citation network in Lexace

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JOHN R. BROWN, Circuit Judge: Today, we consider the interplay between two sections of the Federal Tort Claims Act: the “discretionary function exception” of 28 U.S.C. § 2680 (a), and the “law enforcement proviso” of § 2680(h). The court below incorrectly interpreted the relationship between the two when it dismissed the plaintiffs’ somewhat tenuous claims of malicious prosecution becau…

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