Agredano
Agredano v. U.S. Customs Service
Opinion
Lead Opinion
MEMORANDUM ***
The district court concluded correctly that because Appellants’ arrest and *559 imprisonment occurred in Mexico, the foreign country exception to liability under the Federal Tort Claims Act immunized the United States from suit for tortious conduct. See 28 U.S.C. § 2680 (k); see also Sosa v. Alvarez-Machain, 542 U.S. 692, 711 , 124 S.Ct. 2739 , 159 L.Ed.2d 718 (2004) (holding “that the FTCA’s foreign country exception bars all claims based on any injury suffered in a foreign country, regardless of where the tortious act or omission occurred”). In any event, the United States was dismissed as a party to this appeal pursuant to plaintiffs motion.
Appellants argue that California tort law required EG&G to exercise reasonable care by inspecting the car sold to appellants, to prevent the reasonably foreseeable injury of appellants’ arrest and imprisonment. However, a company contracting with the federal government cannot be held liable for injuries third parties incur as a result of the contract’s execution, where the contract is legal and the company does not breach the terms of the contract. See Myers v. United States, 323 F.2d 580, 583 (9th Cir.1963). In such…