Document Type

Amicus Brief

Publication Date

10-4-2010

Case Name

Castro v. United States

Abstract

Amici have a substantial interest in the outcome of this case. The Federal Tort Claims Act ("FTCA" or the "Act") provides compensation for victims of government negligence and abuse. All too often, those cases arise in the immigration and law enforcement contexts, like the case at issue here. They arise when American citizens are unlawfully detained or deported. They arise when people in immigration detention are mistreated or denied proper medical care. And they arise when immigration officials engage in unlawful home raids.

A robust and uniform Federal Tort Claims Act is essential both to compensating victims and to preventing future abuse. Policies at both the national and local levels are consistently affected by the risk of tort liability. The decision below restricts liability in a way that actually discourages local offices in the Fifth Circuit from setting rules and guidelines to ensure that Border Patrol agents and law enforcement officers correctly and fairly execute their tasks. If it is allowed to stand, many more than Monica Castro will have no remedy and no protection when they are subject to malfeasance by Border Patrol and other government agents. The Court should grant certiorari now and reverse the Fifth Circuit so that individuals, companies, and organizations can enjoy uniform protection everywhere in the country.

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