Gray

MEMORANDUM **

Leonard M. Gray’s federal criminal convictions for engaging in a sexual act with a person under twelve years old and for committing a crime on an Indian reservation were overturned due to the prosecution’s Brady violations. See United States v. Gray, 52 Fed.Appx. 945 (9th Cir.2002); see also Brady v. State of Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). The Assistant United States Attorney that prosecuted Gray’s criminal case failed to turn over exculpatory evidence that she had received from FBI Agent Kathryn Anton regarding the alleged victim’s mental state. After his conviction was overturned, Gray sued the United States, the Department of Justice, the United States Bureau of Prisons, and numerous individuals involved in his case, alleging Bivens and Federal Tort Claims Act (“FTCA”) claims against them. See 28 U.S.C. §§ 1346 (b)(1) and 2627, et seq.; Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). The district court dismissed Gray’s amended complaint, and Gray now appeals the dismissal of his FTCA claims.

The district court correctly found that all but Gray’s claims…