A U.S. citizen detained in the mistaken belief he was eligible for deportation may sue the government under the limited waiver of sovereign immunity in the Federal Tort Claims Act, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Reversing a lower court and clarifying its case law, the circuit said that Viterbo Liranzo, wrongly held at immigration detention facilities for 105 days, can sue for false imprisonment because the actions of the agents have a “private analogue” actionable in New York state.
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