Raymond Michael Cimo v. Immigration & Naturalization Service United States of America Stephen H. Peterson

Raymond Michael Cimo appeals from a judgment finding the Immigration and Naturalization Service and the United States (“defendants”) not liable in his action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2679. We affirm.

In the early morning hours on March 14, 1989, a fleeing suspect pursued by U.S. border patrol agents broadsided Mr. Cimo’s vehicle, causing him serious and permanent injuries. The suspect, defendant Stephen H. Peterson, had been driving a stolen Mazda and was attempting to elude arrest at the time of collision.

Shortly before the crash, a border patrol agent had begun watching Peterson when he exited Interstate 15 at Rainbow Canyon Road. Peterson had stopped at a stop sign at the bottom of the offramp and had remained there several minutes, despite the early hour and the absence of other traffic to impede his travel. Peterson then proceeded northbound on Rainbow Canyon Road, bypassing the U.S. border patrol checkpoint on the 1-15. Border Patrol Agent David Garrett decided to follow the vehicle, believing that it might be involved in an alien smuggling operation.

When the Mazda approached a back-up border patrol vehicle stationed at a nearby…