Pesnell

MEMORANDUM **

Plaintiff-Appellant David C. Pesnell (“Pesnell”) brought claims against the government under the Federal Tort Claims Act (“FTCA”) for misrepresentation, unjust enrichment, constructive trust, conversion, and negligence. Pesnell also brought claims for wrongful search and seizure and violation of due process under the Fourth, Fifth and Fourteenth Amendments. Pesnell’s final claim was brought under the Freedom of Information Act (“FOIA”) for the return of documents. The district court properly dismissed all of Pesnell’s claims.

The FTCA specifically exempts claims for misrepresentation from its waiver of sovereign immunity. See F.D.I.C. v. Craft, 157 F.3d 697, 707 (9th Cir.1998). Pesnell’s misrepresentation claim was therefore properly dismissed.

The FTCA does not contain a waiver of sovereign immunity for equitable claims. See Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992). Pesnell’s claims for unjust enrichment and for the imposition of a constructive trust were therefore appropriately dismissed for lack of jurisdiction. While the Administrative Procedures Act (“APA”) does provide a waiver of the government’s sovereign immunity for some…