What is the test for a tort claim under the Federal Tort Claims Act?
MultiRegion, United States of America
The following excerpt is from Sanchez Tapia v. United States, 338 F.2d 416 (2nd Cir. 1964):
As to appellant's tort claim against the government, the district court properly held that it had no jurisdiction
[338 F.2d 417]
under 28 U.S.C. 1346(b) et seq., for the Federal Tort Claims Act does not apply to "any claim arising out of * * * false imprisonment, false arrest, malicious prosecution, abuse of process * * misrepresentation, deceit * * *." 28 U.S.C. 2680(h). Nor could the court have taken jurisdiction on any other basis, Dalehite v. United States, 346 U.S. 15, 30-31, 73 S.Ct. 956, 97 L.Ed. 1427 (1953).[338 F.2d 417]
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