Yacubian v. United States

In 2000, Plaintiff, a former scallop fisherman, was prosecuted by an enforcement arm of the National Oceanic and Atmospheric Administration (“NOAA”). The ALJ sustained all charges against Plaintiff. The district court sustained findings of liability on two charges of fishing in a prohibited area, vacated a false statement charge against Plaintiff, and remanded. On remand, Plaintiff reached a settlement with the government. In 2012, Plaintiff filed a complaint alleging that his prior prosecution by the NOAA constituted malicious prosecution and abuse of process under the Federal Tort Claims Act (“FTCA”). The district court dismissed Plaintiff’s claims. The First Circuit Court of Appeals affirmed, holding (1) the actions of federal prosecutors are immune from this type of suit under the FTCA, but there can be FTCA recovery for the actions of investigative or law enforcement officers who have committed the wrongful acts specified; and (2) Plaintiff failed to state a claim that any law enforcement officer wrongfully induced a malicious prosecution or acted to abuse process. View "Yacubian v. United States" on Justia Law