Kenneth L. Erickson v. United States of America Bryon Simon Douglas Hebert Kenneth Ingleby Charles Hill

Erickson appeals the district court’s dismissal of his action for damages on several theories of constitutional tort, as well as under the Federal Tort Claims Act (the Act), against the United States government and several officials of the Drug Enforcement Administration (DEA) and the United States Customs Service (Customs Service). Erickson alleges DEA and Customs Service officials sent him to Mexico with inadequate protection, where he was arrested, imprisoned, and tortured by Mexican authorities. He challenges the district court’s dismissal of his constitutional tort claims for failure to state a claim, and the court’s grant of summary judgment to the defendants on his claim under the Act. We affirm the dismissal of the constitutional tort claim, but vacate and remand the dismissal of Erickson’s claim under the Act.

I.

While operating a financially troubled limousine service in San Diego, Erickson learned one of his customers wished to purchase an aircraft to smuggle drugs from Mexico into the United States. Erickson contacted the DEA, which arranged for him to meet with DEA agent Herbert and Customs Service agent Simon. At the meeting, Erickson discussed the drug smuggling…