FindLaw Opinion Summaries - Criminal

Daily criminal law and procedure case summaries, brought to you by FindLaw.com.

US v. Diaz-Concepcion

(United States First Circuit) - Conviction of firearms and drugs offenses is affirmed over defendant's argument that his plea was not knowing and voluntary because the court failed to explain the charge at the plea hearing, where the attestations by the defendant and those found in the plea colloquy and other court documents and statements were adequate.
Posted: June 21, 2017, 8:00 am

US v. Weaver

(United States Second Circuit) - Conviction for conspiracy to commit mail and wire fraud are affirmed where over defendant's argument that disclaimers of extra-contract representations did not render salespeople's oral misrepresentations immaterial.
Posted: June 21, 2017, 8:00 am

US v. Ortiz-Vega

(United States First Circuit) - In an ineffective assistance of counsel claim arising from a drug distribution conspiracy case, in which defendant claimed that lack of communication from his initial state-appointed attorney resulted in the loss of a better plea deal than the one he eventually accepted, the trial court's decision is reversed and remanded where it was error to delay ruling on the merits of the claims until sentencing.
Posted: June 21, 2017, 8:00 am

In Re Jose S.

(California Court of Appeal) - In an action seeking to seal juvenile records, the juvenile court's denial of the motion is affirmed where: 1) a second assault charge was not a separate case; and 2) assault is among the offenses that disqualify the sealing of records.
Posted: June 21, 2017, 8:00 am

Ziglar v. Abbasi

(United States Supreme Court) - In a putative class action against two classes of federal officials brought by men of Arab or South Asian descent who, following the September 11 terrorist attacks, were detained for periods of three to six months in a federal facility in Brooklyn and later removed from the U.S., alleging violations of Bivens, the Fourth Amendment, the Fifth Amendment and 42 U.S.C. section1985(3), which forbids certain conspiracies to violate equal protection rights, the Second Circuit's judgment affirming in most respects the District Court's decision to allow claims to proceed against the Warden-defendants but reversal as to allow claims to proceed against the Executive Official-defendants is reversed in part and vacated and remanded in part, where: 1) the limited reach of the Bivens action informs the decision whether an implied damages remedy should be recognized here; 2) a Bivens-type remedy should not be extended to the claims challenging the confinement conditions imposed on respondents pursuant to the formal policy adopted by the Executive Officials in the wake of the September 11 attacks; 3) the Second Circuit erred in allowing the prisoner abuse claim against Warden Hasty to go forward without conducting the required special factors analysis; and 4) petitioners are entitled to qualified immunity with respect to respondents' claims under 42 U. S. C. section1985(3).
Posted: June 19, 2017, 8:00 am

McWilliams v. Dunn

(United States Supreme Court) - In a petition for writ of habeas corpus relief from conviction of capital murder, on grounds that the trial court denied petitioner the right to meaningful expert assistance guarantee by Ake v. Oklahoma, 470 U. S. 68, 83, the Eleventh Circuit's judgment denying the petition is reversed where: 1) Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense; and 2) the Eleventh Circuit should determine on remand whether the Alabama courts' error had the 'substantial and injurious effect or influence' required to warrant a grant of habeas relief, Davis v. Ayala, 576 U. S. __, __, specifically considering whether access to the type of meaningful assistance in evaluating, preparing, and presenting the defense that Ake requires could have made a difference.
Posted: June 19, 2017, 8:00 am

People v. Brooks

(Supreme Court of California) - In response to a petition for rehearing filed after the issuance of the court's prior opinion in a criminal case involving kidnapping, torture, and murder charges that resulted in the death penalty, the court: 1) vacated the jury's finding that the murder was committed while defendant was engaged in the commission of kidnapping due to the trial court's failure to instruct on the independent felonious purpose rule; but 2) affirmed the judgment in all other respects, including the sentence of death.
Posted: June 19, 2017, 8:00 am

People v. Sivongxxay

(Supreme Court of California) - In response to a petition for rehearing filed after the issuance of the court's prior opinion in a criminal case involving kidnapping, torture, and murder charges that resulted in the death penalty, the court vacated the jury's finding that the murder was committed while defendant was engaged in the commission of kidnapping due to the trial court's failure to instruct on the independent felonious purpose rule, but affirmed the judgment in all other respects, including the sentence of death.
Posted: June 19, 2017, 8:00 am

Packingham v. North Carolina

(United States Supreme Court) - Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. C. Gen. Stat. Ann. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.
Posted: June 19, 2017, 8:00 am

Jenkins v. Hutton

(California Court of Appeal) - In a 28 U.S.C. section 2254 petition for writ of habeas corpus relief from murder conviction and death sentence, the Sixth Circuit's decision is reversed and the petition is granted where the Sixth Circuit was wrong to hold that it could review petitioner's claim under the miscarriage of justice exception to procedural default.
Posted: June 19, 2017, 8:00 am

US v. Burden

(United States Second Circuit) - Life sentences for convictions of racketeering, violent crimes in aid of racketeering, and conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base and five kilograms or more of cocaine, are vacated where the district court erred when it implicitly hinged the defendants' life terms of supervised release on the need for retribution--an imperative that is relevant to fashioning a term of incarceration, but not a term of supervised release.
Posted: June 19, 2017, 8:00 am

People v. Sivongxxay

(Supreme Court of California) - In the automatic criminal appeal in which defendant was found guilty and sentenced to death for first degree murder, robbery, and attempted robbery, with special circumstances enhancements, the Court of Appeal's decision is affirmed in its entirety where: 1) the defendant's valid waiver of a jury trial right is satisfied if they appreciate the nature of the right and the consequences of its waiver; and 2) no additional right to be advised of the specific charges, enhancements, allegations, or other issues to which the waiver may apply is required.
Posted: June 19, 2017, 8:00 am

US v. Cervantes

(United States Ninth Circuit) - In a criminal case in which police officers conducted a warrantless, suspicionless search of the defendant's hotel room pursuant to a condition of the mandatory supervision the defendant was serving for the final year of his three-year California county jail sentence, his sentence and conviction of felony counterfeiting and drug offenses are affirmed where: 1) for Fourth Amendment purposes, mandatory supervision is more akin to parole than probation, and 2) the search was authorized under the search condition because the officers had probable cause to believe that the hotel room constituted 'premises' under the defendant's control.
Posted: June 19, 2017, 8:00 am

US v. Hernandez

(United States Ninth Circuit) - Conviction for transportation of firearms into his state of residence in violation of 18 U.S.C. section 922(a)(3) is reversed where, although the prohibition on the transportation of guns in section 922(a)(3) is not subject to the heightened willfulness requirement used in some tax and structuring laws, there is a substantial likelihood that the defendant was convicted for the act of transporting guns with the intent to commit a later crime rather than the one with which he was charged.
Posted: June 15, 2017, 8:00 am

Filler v. Kellett

(United States First Circuit) - In a civil action under 42 U.S.C. section 1983 arising out of the alleged malicious prosecution of plaintiff for assault against his then-wife, the prosecuting attorney-defendant's appeal of her motion for absolute prosecutorial immunity is dismissed where there is a lack of jurisdiction.
Posted: June 15, 2017, 8:00 am

US v. Lugo-Diaz

(United States First Circuit) - In consolidated criminal appeals of defendants connected to a sprawling drug-trafficking ring operating mostly out of three public housing complexes in Puerto Rico, the convictions and sentences are affirmed over a salmagundi of arguments where virtually all of these arguments were either forfeited or waived in the court below.
Posted: June 15, 2017, 8:00 am

People v. Wilford

(California Court of Appeal) - Sentence and convictions of assault by means likely to produce great bodily injury, Pen. Code section 245(a)(4), battery with serious bodily injury, section 243(d), resisting an officer, section 148(a)(1), and corporal injury to a cohabitant, section 273.5(a) are: 1) reversed as to sentence for corporal injury to a cohabitant conviction where the trial court prejudicially erred in answering the jury's question regarding lesser included offenses and his sentence for these counts violated due process; but 2) affirmed as to sentence and conviction on all remaining counts where the court's error in responding to the jury's question regarding count 1 was harmless.
Posted: June 12, 2017, 8:00 am

US v. Chikvashvili

(United States Fourth Circuit) - In a prosecution of a former CEO of diagnostic imaging company, conviction of healthcare fraud resulting in death under 18 U.S.C. section 1347 is affirmed over defendant's meritless claims that his 'resulting in death' convictions should be vacated because the fraudulent billing did not cause of death of the two patients.
Posted: June 12, 2017, 8:00 am

US v. Gorman

(United States Ninth Circuit) - In a civil forfeiture action, the district court's order granting claimant's motion to suppress evidence seized pursuant to a traffic stop and order granting attorney's fees are affirmed where: 1) the first stop of claimant's vehicle was unreasonably prolonged in violation of the Fourth Amendment; and 2) none of the exceptions to the 'fruit of the poisonous tree' doctrine applied.
Posted: June 12, 2017, 8:00 am

US v. Brown

(United States Ninth Circuit) - Conviction of conspiracy to make, print, or publish 'any notice or advertisement seeking or offering' child pornography, 18 U.S.C. sections 2251(d) and (e), is reversed and remanded for retrial where, by effectively ruling as a matter of law that the closed nature of the online bulletin board of which defendant a member was irrelevant to the question of whether an 'advertisement' or a 'notice' had been shown, a determination that was the jury's to make, the district court violated the defendant's fundamental right to assistance of counsel and right to present a defense, which was structural error, and relieved the prosecution of its burden to prove its case beyond a reasonable doubt.
Posted: June 12, 2017, 8:00 am

In re Snyder

(California Court of Appeal) - Petition for writ of habeas corpus relief from designation as a Sexually Violent Predator (SVP) is granted where by 'undesignating' an evaluator who determined petitioner was not an SVP, rather than appointing two independent professionals to make their own determinations pursuant to section 6601(e), the department failed to comply with section 6601. However, the department's failure to comply with the statute does not warrant dismissal of the SVPA petition and release of petitioner from custody. Rather, the proper relief here is to direct the department to follow the commands of section 6601 and appoint two independent professionals to evaluate petitioner.
Posted: June 12, 2017, 8:00 am

Virginia v. LeBlanc

(United States Supreme Court) - In a petition under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. section 2254(d)(1), seeking habeas corpus relief from a life sentence for conviction of rape, the petition for certiorari and the motion for leave to proceed in forma pauperis are granted, and the judgment of the Fourth Circuit's decision is reversed where the Virginia trial court did not unreasonably apply the rule in Graham v. Florida, 560 U. S. 48 (2010).
Posted: June 12, 2017, 8:00 am

US v. Gonzalez-Rodriguez

(United States First Circuit) - Sentence for conviction of possession of a machine gun in violation of 18 U.S.C. sections 922(o) and 924(a)(2) is affirmed over defendant's challenges to the reasonableness of his 33-month incarcerative sentence.
Posted: June 9, 2017, 8:00 am

People v. Smith

(California Court of Appeal) - On remand from the California Supreme Court and in light of its recent decision in People v. Grimes (2016) 1 Cal.5th 698, defendants' convictions of murder are: 1) affirmed as to defendant-Mitchell's conviction; and 2) reversed as to defendant-Smith's conviction where there is no error in the admission of evidence of statements Smith made which inculpate Mitchell.
Posted: June 9, 2017, 8:00 am

Matherly v. Andrews

(United States Fourth Circuit) - In a prisoner's suit challenging various conditions of his confinement at the Federal Correctional Institution in Butner, North Carolina, the district court's dismissal of certain claims and grant of summary judgment to defendants on other claims are affirmed where there are no constitutional or statutory violations flowing from the conditions of defendant's confinement.
Posted: June 9, 2017, 8:00 am

US v. Ubaldo

(United States Ninth Circuit) - Conviction for illegally importing weapons into the US, in violation of 18 U.S.C. sections 371, 922(l) and 924(a)(1)(C) and 22 U.S.C. section 2778(b)(2), is affirmed where the district court: 1) properly rejected the challenge to the sufficiency of the evidence to support the jury's verdict; 2) properly denied, after conducting a Franks hearing, defendant's suppression motion in which he claimed that the search warrant affidavit contained false and misleading statements; 3) did not clearly err in finding that defendant failed to establish bad faith; 4) acted within its discretion when it elected to issue a curative instruction rather than granting a mistrial for a purported violation of Fed. R. Crim. P. 16; 5) did not abuse its discretion in admitting evidence regarding defendant's previous smuggling conduct; and 6) adequately instructed the jury regarding the elements of causing the importation of weapons into the U.S. under 18 U.S.C. section 2(b).
Posted: June 9, 2017, 8:00 am

Ramirez-Contreras v. Sessions

(United States Ninth Circuit) - In a petition for review of the Board of Immigration Appeals' decision concluding that petitioner's conviction for fleeing from a police officer under California Vehicle Code section 2800.2 is categorically a crime involving moral turpitude that rendered him statutorily ineligible for cancellation of removal, the petition is granted where: 1) petitioner's conviction is not a crime of moral turpitude; and 2) the modified categorical approach does not apply because the elements of California Vehicle Code section 2800.2 are clearly indivisible.
Posted: June 8, 2017, 8:00 am

People v. Sperling

(California Court of Appeal) - In an extremely aggravated sexual assault case involving a professional masseur and a developmentally delayed client, sentence for guilty plea to sodomizing and orally copulating a victim who was incapable of giving consent because of a developmental disability, Pen. Code sections 286(g) and 288a(g), is affirmed where the rules on appeal concerning forfeiture and abuse of discretion compel affirmance. Defendant is fortunate that he was not sentenced to prison for the maximum 10-year term.
Posted: June 8, 2017, 8:00 am

Jaquez v. Sessions

(United States Fourth Circuit) - In a citizen and native of Mexico's petitions for review of a Board of Immigration Appeals (BIA) order affirming an Immigration Judge's (IJ) decision finding him ineligible for cancellation of removal pursuant to 8 U.S.C. section 1229b(b)(1)(C), the petition is denied where petitioner's 2005 criminal proceedings under Virginia Code section 18.2-251 for possession of cocaine constituted a 'conviction' as defined in 8 U.S.C. section 1101(a)(48)(A).
Posted: June 8, 2017, 8:00 am

US v. Dion

(United States First Circuit) - Conviction by conditional guilty plea to conspiracy to possess with intent to distribute and to distribute more than 1,000 kilograms of marijuana, 21 U.S.C. section 841(a)(1), 841(b)(1)(A)(vii) and 846, possession with intent to distribute marijuana, 21 U.S.C. section 841(a)(1), and aiding and abetting, 18 U.S.C. section 2, is affirmed where the district court did not err in denying defendant's motion to suppress evidence taken from a warrantless search of his truck.
Posted: June 8, 2017, 8:00 am

People v. Super. Ct. (Walker)

(California Court of Appeal) - In the People's writ petition challenging the court's transfer of real party in interest's case from Adult court to juvenile court, the petition is granted where Proposition 57, which eliminated the People's ability to directly file criminal charges against a juvenile defendant in a court of criminal jurisdiction, does not apply to a pending case that the People directly filed in Adult Court against real party in interest several years prior to the effective date of the new law.
Posted: June 8, 2017, 8:00 am

In re Bell

(Supreme Court of California) - Petition for writ of habeas corpus relief from death sentence for first degree murder conviction is denied over petitioner's claim of jury misconduct where the referee‘s findings that the misconduct did not occur are supported by substantial evidence and entitled to this court's deference.
Posted: June 8, 2017, 8:00 am

People v. Campbell

(California Court of Appeal) - In a case in which defendant drove his car onto the Venice Beach Boardwalk and plowed into10 separate groups of people in close succession, his sentence and convictions of second degree murder, Pen. Code section187(a), counts of assault with a deadly weapon, section 245(a)(1), felony counts of leaving the scene of an accident, and misdemeanor counts of leaving the scene of an accident, Veh. Code section 20001(a)), are affirmed where: 1) the prosecutor's reference to defendant's post-Miranda silence was a fair response to defendant's trial testimony that he cooperated fully with police; and 2) defendant was properly convicted of 10 counts of fleeing the scene of an accident because there were 10 distinct accidents after which he could have stopped and rendered aid but did not.
Posted: June 8, 2017, 8:00 am

US v. Simon

(United States Ninth Circuit) - In a criminal sentencing case in which the district court applied U.S.S.G. section 2X1.1, which generally covers inchoate offenses like attempt, solicitation, and conspiracy, and under which defendants may receive enhancements as if they had completed the felony, even if they only intended the conduct, defendant's sentence for conviction of conspiracy to commit robbery under the Hobbs Act, and other federal offenses, is affirmed where a Guideline other than section 2X1.1 expressly covers an inchoate offense only if the Guidelines themselves so indicate.
Posted: June 8, 2017, 8:00 am

People v. Nguyen

(California Court of Appeal) - In a possession of child pornography case concerning the scope of a warrant to search a property based on probable cause that a computer on the property was used in a crime, the trial court's grant of defendant's motion to quash is affirmed where: 1) police lacked probable cause to search defendant's residence because they had no basis to believe the suspect network was accessed from defendant’s residence; and 2) the warrant did not expressly authorize the search, and the police lacked good faith reliance on the warrant.
Posted: June 7, 2017, 8:00 am

People v. Woods

(California Court of Appeal) - Sentence for defendant's plea to attempted burglary and admitting one strike prior, is reversed where the sentence imposed by the trial court is not within the bounds of the parties' plea agreement.
Posted: June 7, 2017, 8:00 am

US v. Bolton

(United States Fourth Circuit) - Consolidated sentence in two separate cases, one involving marijuana distribution and the other involving cocaine distribution, is affirmed where there was no reversible error in the upward variant sentence.
Posted: June 7, 2017, 8:00 am

US v. Gonsalves

(United States First Circuit) - Sentences and convictions for multiple counts stemming from defendants' operation of an oxycodone-trafficking ring on Cape Cod, are affirmed over defendants' meritless claims involving Fourth Amendment, probable cause, motions for mistrial, sufficiency of evidence and sentencing error.
Posted: June 7, 2017, 8:00 am

Safar v. Tingle

(United States Fourth Circuit) - In a suit under 42 U.S.C. section 1983 and state tort law, arising out of the arrest and incarceration of plaintiffs based on an allegation of fraud that was mistakenly reported by Costco and almost immediately retracted, against the police officer and prosecutor who, at different stages of the criminal process, learned that no crime had occurred and yet failed to take steps to withdraw an arrest warrant, the district court's judgment is: 1) affirmed in part as to grant of immunity to defendants on the section 1983 claim; and 2) reversed in part as to plaintiffs' claim for gross negligence under Virginia law, where, at this stage, the truth of their pleadings must be assumed, and the horrific sequence of events they have alleged weighs in favor of remanding without prejudice so they can pursue their claims in state court.
Posted: June 7, 2017, 8:00 am

US v. Giddins

(United States Ninth Circuit) - Conviction of bank robbery and conspiracy to commit bank robbery is reversed where: 1) the use at trial of a videotaped statement defendant gave to police during the investigation into the crime was coerced, and he did not voluntarily waive his Fifth Amendment rights; and 2) harmless error cannot save the conviction in light of this constitutional trial error.
Posted: June 6, 2017, 8:00 am

US v. Hankins

(United States Ninth Circuit) - The district court's denial of defendant's motion seeking full satisfaction of the restitution judgment entered following her conviction for bank fraud and submitting a false loan application, is affirmed where: 1) a defendant may not discharge a restitution judgment based on a private settlement between the victim and the defendant; and 2) the Mandatory Victims Restitution Act of 1996 permits a district court to redirect restitution payments to the Crime Victims Fund, when a victim later disclaims restitution without making a direct assignment to the Fund.
Posted: June 6, 2017, 8:00 am

US v. Cummings

(United States Second Circuit) - Convictions of conspiracy to distribute 280 grams or more of cocaine base, 21 U.S.C. sections 841(b)(1)(A) and 846, using and carrying a firearm during and in relation to a drug trafficking crime,18 U.S.C. section 924(c), killing a person during and in relation to a conspiracy to distribute 280 grams or more of cocaine base, 21 U.S.C. section 848(e)(1)(A), brandishing and discharging a firearm during and in relation to a crime of violence, 18 U.S.C. section 924(c), and causing the death of a person through the use of a firearm during and in relation to the crack cocaine conspiracy, 18 U.S.C. section 924(j), are vacated and remanded for a new trial where: 1) the district court erred by admitting hearsay evidence of a death threat he allegedly made against a government witness; and 2) the error was not harmless.
Posted: June 6, 2017, 8:00 am

Vickers v. Superintendent Graterford SCI

(United States Third Circuit) - In a criminal case in which defense counsel failed to secure an on-the-record waiver or to apprise petitioner of all aspects of his jury trial right before proceeding with a bench trial, the district court's grant of habeas corpus relief for ineffective assistance of counsel under Strickland is reversed where: 1) even under Strickland, a showing of prejudice is required; and 2) the proper prejudice inquiry in this situation is whether there is a reasonable likelihood that, but for his counsel's deficient performance, petitioner would have exercised his Sixth Amendment right to a jury trial, and petitioner here has failed to make that showing.
Posted: June 6, 2017, 8:00 am

People v. Ruffin

(California Court of Appeal) - Conviction of corporal injury to a cohabitant, Pen. Code section 273.5(a), and assault by means of force likely to produce great bodily injury, section 245(a)(4), with true findings of two prior strikes and prison terms, is reversed where defendant's request for self-representation was not knowing, intelligent, and voluntary and his signed Faretta form was invalid.
Posted: June 6, 2017, 8:00 am

People v. Moore

(California Court of Appeal) - In a criminal appeal involving the issue of whether the fees under Health and Safety Code section 11372.5 and 11372.7, which impose on defendants a criminal laboratory analysis fee not to exceed $50, and a drug program fee not to exceed $150 -- are subject to additional penalty assessments under Penal Code section 1464 and Government Code section 76000, the trial court's decision is affirmed and the appellate division's decision is reversed where the levy imposed under section 11372.5 constitutes a fine or penalty that is subject to penalty assessments imposed by Penal Code section 1464 and Government Code section 76000.
Posted: June 6, 2017, 8:00 am

Lowry v. City of San Diego

(United States Ninth Circuit) - In an action under 42 U.S.C. section 1983 alleging that the City's policy of training its police dogs to 'bite and hold' individuals resulted in a violation of plaintiff's Fourth Amendment rights, the district court's grant of summary judgment to defendants is affirmed where: 1) there were no genuine disputes of material fact regarding plaintiff's claim; and 2) the force used was not excessive and did not violate the Fourth Amendment.
Posted: June 6, 2017, 8:00 am

People v. Fortin

(California Court of Appeal) - Convictions of child molestation, Pen. Code sections 288 and 288.7, and false imprisonment by violence, sections 236 and 237, are affirmed over defendant's evidentiary challenges, where the trial court did not err in: 1) excluding defendant's results of the 'Abel Assessment for Sexual Interest' (Abel test) for want of acceptance by the relevant scientific community; and 2) permitting the introduction evidence of the Child Sexual Abuse Accommodation Syndrome (CSAAS) to explain why child victims of sexual abuse may delay in making a report.
Posted: June 6, 2017, 8:00 am

People v. Calistro

(California Court of Appeal) - Sentence for conviction of unlawfully driving or taking a vehicle, Veh. Code section 10851(a), is reversed where the section 10851(a) conviction should be sentenced pursuant to the sentencing provisions of Penal Code section 666.5(a), and a separate conviction under Penal Code section 666.5(a) does not exist and shall not be included on the abstract of judgment.
Posted: June 5, 2017, 8:00 am

Honeycutt v. US

(United States Supreme Court) - In an action brought by the Government under Comprehensive Forfeiture Act of 1984, 21 U.S.C. section 853(a)(1), seeking forfeiture property constituting or derived from proceeds obtained as the result of certain drug crimes, against a defendant who was convicted with his brother of federal drug crimes, the Sixth Circuit's judgment holding that the brothers, as co-conspirators, were jointly and severally liable for any conspiracy proceeds, is reversed where, because forfeiture pursuant to section 853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime, that provision does not permit forfeiture with regard to defendant, who had no ownership interest in his brother's store and did not personally benefit from the illegal sales.
Posted: June 5, 2017, 8:00 am

Diaz-Nieves v. US

(United States First Circuit) - In a suit originating under the Federal Tort Claims Act (FTCA), 28 U.S.C. sections 1346(b)(1) 2671-2680, concerning an arrest made during 'Operation Guard Shack,' a reverse sting operation launched by the FBI with the goal of identifying corrupt police and corrections officers in Puerto Rico, the district court's grant of partial summary judgment in favor of the U.S., dismissing the false arrest, false imprisonment, and malicious prosecution claims as well as derivative and independent tort claims, is affirmed where there is no reversible error.
Posted: June 5, 2017, 8:00 am