DHS Immune From Torts In Mistaken Arrests, 4th Circ. Guidelines

Coronavirus Q&A: Skadden's Mass Torts Leader

Law360 (Dec. 2, 2020, 8:32 p.m. EST) – The U.S. Department of Homeland Security and its officials cannot be held responsible for violations of the mistaken detention of a U.S. citizen returning from El Salvador, allowing such liability would violate the agency’s immigration law enforcement hinder.

A three-judge panel upheld a Virginia federal judge’s decision to “so clearly” destroy a Federal Tort Claims Act lawsuit filed by naturalized resident Juan Carlos Blanco Ayala, who was wrongly arrested and detained by the DHS.

“A system in which every case of erroneous arrest or …

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