Robert L. Arnsberg, and Cross-Appellant v. United States of America, and Cross-Appellee

Robert Arnsberg filed an action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2401(b), 2671-80 (1982), and the fourth amendment, alleging that United States agents had arrested and imprisoned him in violation of Oregon tort law and the United States Constitution. He joined the arresting officers as defendants in the action under the constitutional tort theory of Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). The district court granted summary judgment in favor of Arnsberg on one of his FTCA claims, and summary judgment in favor of the arresting officers on the Bivens claim. 549 F.Supp. 55 (D.Or.1982). Both sides appeal.

We affirm in part, reverse in part, and remand. Regarding Arnsberg’s claims against the United States, we hold that the United States’ waiver of sovereign immunity in false imprisonment actions extends only to the actions of its law enforcement officials; that the United States is not liable under the FTCA when the arresting officers did not commit the state-law tort of false imprisonment; and that the United States is not liable under the fourth amendment for unreasonable…