52 Cited authorities

Imbler v. Pachtman
424 U.S. 409 (1976) Cited 10,604 times 5 Legal Analyses
Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"
Buckley v. Fitzsimmons
509 U.S. 259 (1993) Cited 4,098 times
Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"
Butz v. Economou
438 U.S. 478 (1978) Cited 3,885 times 2 Legal Analyses
Holding that ALJs are entitled to absolute immunity from suit for damages stemming from official acts because they are "functionally comparable" to judges
United States v. Varig Airlines
467 U.S. 797 (1984) Cited 1,554 times 1 Legal Analyses
Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”
Cato v. United States
70 F.3d 1103 (9th Cir. 1995) Cited 4,455 times
Holding that claims not pursued within two years of their accrual, fall outside of the Federal Tort Claims Act's limited waiver of sovereign immunity
U.S. v. Olson
546 U.S. 43 (2005) Cited 367 times 1 Legal Analyses
Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party
Grimes v. City and County of San Francisco
951 F.2d 236 (9th Cir. 1991) Cited 869 times
Holding that violation accrues when discriminatory act occurred
United States v. Neustadt
366 U.S. 696 (1961) Cited 513 times
Holding that 28 U.S.C. § 2680(h) "applies to both `misrepresentation' and `deceit,' and, as `deceit' means fraudulent misrepresentation, `misrepresentation' must have been meant to include negligent misrepresentation, since otherwise the word `misrepresentation' would be duplicative"
Delta Savings Bank v. U.S.
265 F.3d 1017 (9th Cir. 2001) Cited 280 times
Holding that the FTCA does not waive the government's sovereign immunity for claims alleging violations of 42 U.S.C. § 1986
Jimenez-Angeles v. Ashcroft
291 F.3d 594 (9th Cir. 2002) Cited 272 times
Holding that the court lacks jurisdiction over challenges to the agency's timing of initiation of proceedings
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,856 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,541 times 36 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,038 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,799 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,679 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,191 times 26 Legal Analyses
Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim
Section 2674 - Liability of United States
28 U.S.C. § 2674 Cited 4,426 times 2 Legal Analyses
Specifying scope of United States' liability
Section 241.8 - Reinstatement of removal orders
8 C.F.R. § 241.8 Cited 287 times 2 Legal Analyses
Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal

Orozco Cardona v. United States of America

52 Cited authorities

Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"

Holding that ALJs are entitled to absolute immunity from suit for damages stemming from official acts because they are "functionally comparable" to judges

Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”

Holding that claims not pursued within two years of their accrual, fall outside of the Federal Tort Claims Act's limited waiver of sovereign immunity

Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party

Holding that violation accrues when discriminatory act occurred

Holding that 28 U.S.C. § 2680(h) "applies to both `misrepresentation' and `deceit,' and, as `deceit' means fraudulent misrepresentation, `misrepresentation' must have been meant to include negligent misrepresentation, since otherwise the word `misrepresentation' would be duplicative"

Holding that the FTCA does not waive the government's sovereign immunity for claims alleging violations of 42 U.S.C. § 1986

Holding that the court lacks jurisdiction over challenges to the agency's timing of initiation of proceedings

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

Specifying scope of United States' liability

Providing an exception to the immediate reinstatement of a removal order to allow an alien to seek withholding of removal