Galvin

Galvin v. Hay

Good Law
374 F.3d 739·2004 WL 1244038
United States Court of Appeals for the Ninth CircuitMarch 18, 2004No. 00-17425California9,824 words

Opinion

Lead Opinion

Berzon, J.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on March 18, 2004 is amended as follows:

Replace the first paragraph at Slip Op. p. 3374, 361 F.3d 1134 , 1152 (9th Cir.2004), with:

“The FTCA specifically permits liability for false arrest when effected by federal *742 law enforcement officers.” See 28 U.S.C. § 2680 (h). Under the Act, “[l]iability is determined by the tort law of the state where the claim arose.” Gasho v. United States, 39 F.3d 1420, 1427 (9th Cir.1994). In general, the United States is liable “to the same extent as a private individual under like circumstances.” 28 U.S.C. § 2674 . We have held, however, that “[law enforcement] obligations make the law of citizen arrests an inappropriate instrument for determining FTCA liability.” Arnsberg v. United States, 757 F.2d 971, 979 (9th Cir.1985); see also Ting v. United States, 927 F.2d 1504, 1514 (9th Cir.1991). Applying California law, which “protects a law enforcement officer from liability for false arrest ... where the officer, acting within the scope of his or her authority, either (1) effects a lawful arrest or (2) has reasonable cause to believe the arrest is lawful,” Cervantes v. United States, 330 F.3d…

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