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Case Law Update: Investigators in the Federal Torts Claim Act

Reynolds v. U.S., No. 08-1634 (12/9/08) found that the district court erred in dismissing the original case for failure to state valid claim for plaintiff’s FTCA lawsuit alleging that investigators employed by defendant initiated malicious prosecution by submitting knowingly false information to prosecutors. While the District Court found that said investigators were performing discretionary function that would preclude liability under FTCA, instant discretionary-function exception had no application where plaintiff’s allegations asserted that investigators had committed perjury. This case will have a profound impact on the Federal Tort Claims Act.