Anderson v. United States
Anderson v. United States
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and is AFFIRMED.
Plaintiffs Keith Andersen, his wife, Tammy Andersen, and their children, Sara Kastin, Adam Kastin, and Keith Andersen, Jr., appeal from an order, entered by Judge Spatt following a bench trial, dismissing them claims against the United States pursuant to the Federal Tort Claims Act for false imprisonment. See Andersen v. United States, No. CV 98-4782, slip op. (E.D.N.Y. July 20, 2001). The Andersen family was detained at their home by FBI agents executing an arrest warrant for Ray Luzio, Tammy Andersen’s brother, at their address. The Andersens contend that their continued detention for thirty minutes after the FBI agents determined that Keith Andersen was not Ray Luzio, constituted false imprisonment pursuant to New York law.
The District Court found that the FBI agents detained the family to prevent family members from alerting Luzio — who the agents believed was armed and dangerous — while other agents traveled a short distance to another home where they believed they would find Luzio. In addition, the District Court determined that the detention was “a reasonable and necessary part of the lawful attempt to arrest Ray Luzio.” Andersen, at 26. We agree. Notably, a van used in the commission of the crime for which the warrant to arrest Luzio was issued was parked in the driveway of the Andersen’s home, and both Tammy Andersen and Keith Andersen refused to
Accordingly, we affirm the judgment of the District Court.
Reference
- Full Case Name
- Keith ANDERSON, Tammy Andersen, Sara Kastin, a minor, by her mother and natural guardian, Tammy Anderson, Adam Kastin, a minor, by his mother and natural guardian, Tammy Anderson, Keith Anderson, Jr., a minor, by his mother and natural guardian, Tammy Anderson v. UNITED STATES of America, Vincent Piazza, and other Agents of the Federal Bureau of Investigation, whose names a currently unknown & Federal Bureau of Investigation
- Cited By
- 2 cases
- Status
- Published