Man Huy Cao v. United States

MEMORANDUM *

Man Huy Cao brings suit against the United States alleging false imprisonment, unlawful seizure, violation of due process rights and negligent supervision. Cao seeks monetary recovery for these claims arising out of his allegedly erroneous imprisonment by the Immigration and Naturalization Service. 1 The district court granted summary judgment for the United States on the false imprisonment, due process and negligent supervision claims, and allowed Cao to dismiss his unlawful seizure claim voluntarily. We affirm the district court.

Because the parties are familiar with the facts, we do not recite them in detail. Cao’s false imprisonment claim arises from his detention by the INS from February 2001 to September 2001. 2 The United States may be sued for the intentional tort of false imprisonment under the Federal Tort Claims Act, 28 U.S.C. § 2680 (h). However, Cao must prove that an investigative or law enforcement officer of the United States acted tortiously. An *50 investigative or law enforcement officer is “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violation of Federal Law,” 28 U.S.C. §…