Papa v. U.S.

• Position: LIABILITY

U.S. Appeals Court

ALIEN

BIVENS ACTION

ALIEN TORT CLAIMS ACT

Papa v. U.S., 281 F.3d 1004 (9th Cir. 2002). The widow and children of an alien who had been killed by another detainee while being held by the Immigration and Naturalization Service (INS) brought Bivens and Federal Tort Claim Act (FTCA) claims against the INS. The district court granted the defendants' motion to dismiss and the plaintiffs appealed. The appeals court affirmed in part, and reversed and remanded in part. The appeals court held that allegations that guards knowingly placed the alien...