Barbara Snow-Erlin, as Representative of the Estate of Darrow K. Erlin v. United States

AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on November 14, 2006, is amended as follows:

Petitions for rehearing or petitions for rehearing en banc will remain due 45 days from the November 14, 2006, filed date of the opinion.

OPINION

Plaintiff Barbara Snow-Erlin sued the United States under the Federal Tort Claims Act (“FTCA”) for damages resulting from an allegedly negligent miscalculation of her late husband’s release date from parole. The district court dismissed the action for lack of subject matter jurisdiction, holding that the negligence claim amounted to a claim for false imprisonment, which is barred by 28 U.S.C. § 2680 (h). We affirm.

FACTUAL AND PROCEDURAL HISTORY

The relevant facts are not disputed. In 1984, Darrow Erlin was convicted of conspiracy to manufacture and attempt to manufacture methaqualone, and the District Court for the District of Nevada sentenced him to three years’ imprisonment, two-and-one-half years of it suspended, plus five years’ probation. In 1988, Erlin was convicted of possessing cocaine with intent to distribute, and the District Court for the Northern District of California sentenced him to 10 years’ imprisonment,…