Metz v. U.S.
| Decision Date | 13 May 1986 |
| Docket Number | No. 85-8417,85-8417 |
| Citation | 788 F.2d 1528 |
| Parties | George F. METZ and Ingrid Metz, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
George M. Rountree, Brunswick, Ga., for plaintiffs-appellants.
Kenneth C. Etheridge, Asst. U.S. Atty., Savannah, Ga., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Georgia.
Before GODBOLD, Chief Judge, and ANDERSON, Circuit Judge, and ATKINS *, Senior District Judge.
George Metz and his wife Ingrid filed this action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Secs. 1346(b), 2671-80. Plaintiffs alleged that certain United States government officials committed a number of intentional torts for which the United States should be liable. The district court entered judgment for the government. Plaintiffs filed timely notice of appeal. We affirm.
George Metz was a driving instructor at the Federal Law Enforcement Training Center ("FLETC") until his removal in November of 1982. FLETC is operated by the United States Department of the Treasury ("USDT") as a training service to various law enforcement agencies of the federal government. According to plaintiffs' complaint, between 1977 and 1979 George Metz was deliberately passed over for promotions in favor of less qualified and less deserving candidates. This treatment prompted Metz to vocalize to his fellow employees charges of misconduct against FLETC administrators. Metz asserts that his complaints precipitated a conspiracy among FLETC supervisors against him.
Metz claims that, pursuant to this alleged conspiracy, his job performance was evaluated as "excellent" instead of the most favorable evaluation of "outstanding." This performance evaluation, completed by Metz's immediate supervisor, prompted Metz to become even more uncomplimentary of the supervisors in his conversations with other employees.
As a result of these conversations between Metz and his co-workers, Metz was asked to meet with James Lanier, Metz's immediate supervisor, on August 3, 1982. Also present at this meeting were two other FLETC supervisors, David Epstein and Robert McCann. Metz claims this meeting was a "trap" whereby the FLETC officials attempted to elicit statements that would later be used against him. At the meeting, Metz voiced his frustrations and concerns about his treatment by his supervisors. After the meeting, Metz, a reservist in the United States Marines, left to report for active duty at Columbia, South Carolina.
Based on their stated belief that Metz presented a threat to their personal safety, Metz's supervisors took the following actions. David McKinley and George Graves contacted Metz's priest, Father Raymond Carr, and requested that Carr accompany them to the Metz residence. At the time, McKinley was the director of FLETC and Graves was a supervisor. Carr was told that the visit was necessary to locate Metz and to ask his wife what she knew about the personal threats Metz had been making against his supervisors. Carr phoned Mrs. Metz and obtained her permission to bring Graves and McKinley over to visit. At the Metzes' residence, Mrs. Metz told Graves, McKinley and Carr that Metz was en route to South Carolina to report for military duty.
In the early morning of August 4, 1982, George Metz's supervisors obtained an arrest warrant against Metz on charges of "terroristic threats," a felony offense in Georgia. FLETC officials informed the Marines of the action taken against Metz. This communication to the Marine Corps led to Metz's seizure by Marine personnel and the search of Metz's vehicle, shortly after he arrived at the South Carolina military base. Metz was subsequently transported to a nearby Army mental hospital for psychological evaluation. Metz claims that he was detained there for two days, after which time he was allowed to return to duty at his reservist position.
Despite his mental clearance by Army psychiatrists, on August 6, FLETC supervisors notified Metz that he was being placed on indefinite and involuntary sick leave status pending an examination by a civilian psychiatrist. A notice stating that Metz was being placed on indefinite sick leave status was posted by FLETC officials and viewed by other employees at FLETC.
Upon his return from military duty, Metz underwent another psychiatric evaluation and was again found to be normal in all respects. On October 14, 1982, Metz was notified that he was to return to work but would be assigned to another instructional program. This notification, however, was countermanded by Graves in a letter that informed Metz that FLETC intended to terminate him based on the threatening statements he allegedly made to his co-workers at the August 3 meeting. Metz responded with a letter to Graves that charged certain FLETC administrators with a conspiracy designed to force Metz's resignation from federal employment. Metz was notified of his termination from FLETC by a letter dated November 10, 1982. The decision to terminate was made by McCann.
In addition to appealing his termination through the Merit System Protection Board, plaintiffs filed a Bivens suit against certain FLETC administrators alleging numerous deprivations of their constitutional rights. The district court dismissed that case, stating that the government employer-employee relationship is an area in which courts should hesitate to recognize constitutional causes of action. Metz v. McKinley, 583 F.Supp. 683, 688 (S.D.Ga.), aff'd, 747 F.2d 709 (11th Cir.1984).
In the instant case, plaintiffs filed a multi-count complaint under the FTCA against the United States government seeking 18 million dollars in damages. The complaint included claims for false arrest, false imprisonment, invasion of both Mr. and Mrs. Metz's privacy, and intentional infliction of emotional distress upon both Mr. and Mrs. Metz. The Metzes raise all of these issues on appeal.
On appeal, the Metzes claim that the government can be held liable under the FTCA for the wrongful acts of USDT and FLETC officials who requested the false arrest and false imprisonment of George Metz, even though his arrest and confinement were effected by Marine Corps personnel. The Metzes claim that while the Marine Corps personnel acted in good faith, they were used as "instruments" or "tools" of the FLETC and USDT officials. 1 Brief of Appellants at 23-24. George Metz's false arrest and false imprisonment claims are brought pursuant to a particular subsection of the FTCA which provides as follows:
The provision of this chapter and section 1346(b) of this title shall not apply to--
(h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, "investigative or law enforcement officer" means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.
28 U.S.C.A. Sec. 2680(h) (West Supp.1985) (emphasis in original). While claims for false arrest or false imprisonment generally are not viable under the FTCA, "with regard to acts or omissions of investigative or law enforcement officers of the United States Government," such claims may be brought against the government. Id. (emphasis added).
Metz contends that the Marine personnel that effected his allegedly false arrest and false imprisonment were "investigative or law enforcement officers" for the purposes of Sec. 2680(h). Metz asserts that the FLETC and USDT officials wrongfully instigated his arrest and imprisonment, and that the government is liable for these torts because his former supervisors utilized "investigative or law enforcement officers" to accomplish their goals. Assuming, but expressly not deciding, that Metz was falsely arrested and falsely imprisoned and that the Marine personnel who arrested and confined Metz are "investigative or law enforcement officers" for purposes of Sec. 2680(h), we nevertheless reject Metz's claim. We conclude that the provision permitting governmental liability on the basis of actions of law enforcement officers cannot be expanded to include governmental actors who procure law enforcement actions, but who are themselves not law enforcement officers. The law enforcement proviso is by its terms limited to "acts or omissions of investigative or law enforcement officers." In this regard, we agree with the holding of the Ninth Circuit in Arnsberg v. United States, 757 F.2d 971, 977-78 (9th Cir.1984).
Thus, we hold that in this case there is no governmental liability for false arrest or false imprisonment. The Metzes have abandoned any claim of government liability based solely on the actions or culpability of the Marine personnel. See supra note 1. Because the FLETC and USDT officials are not themselves law enforcement officers 2 and because the law enforcement proviso cannot be expanded to apply to governmental actors who are not law enforcement officers, the provisions of Sec. 2680(h) bar liability for false arrest and false imprisonment based on the actions of the FLETC and USDT officials.
The Metzes' remaining claims on appeal are (1) that FLETC and USDT officials intruded into Mr. Metz's private seclusion by instigating Metz's arrest and the search of his car by Marine personnel, and...
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