Document Type

Article

Publication Date

8-11-1988

Abstract

Plaintiffs-appellants Andrew Chen and Chen Printing and Supply Co. ("Chen Printing") commenced an action in the United States District Court for the Southern District of New York (Motley, J.) against defendant-appellee United States of America ("the government") under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346, 2671-80 (1982 & Supp. IV 1986). Chen's complaint alleged claims of negligence per se, intentional tort and prima facie tort against the General Services Administration ("GSA"), based on GSA's alleged violations of federal procurement regulations during (1) the investigation of Chen Printing's operations and (2) the proceedings to suspend and debar Chen Printing as a government contractor. Chen sought $2.5 million damages for loss of investment in, income to, and salary from Chen Printing allegedly caused by GSA's actions.

Upon the government's motion, the district court granted summary judgment in its favor, holding that Chen's claims for GSA's alleged violations of federal procurement regulations were not actionable under state law and that all of his claims arose out of intentional torts barred by the intentional tort exception to the FTCA, 28 U.S.C. § 2680(h). See Chen v. United States, 674 F.Supp. 1078, 1089 (S.D.N.Y.1987). Plaintiffs appeal from this judgment. Because we find that Chen has failed to set forth any claim cognizable against a private party under applicable state law, we affirm without reaching the issue of whether any exceptions to the FTCA apply to bar Chen's claims.

Comments

854 F.2d 622 (1988)

Andrew CHEN and Chen Printing and Supply Co., Inc., Plaintiffs-Appellants,

v.

UNITED STATES of America, Defendant-Appellee.

No. 953, Docket 88-6013.

United States Court of Appeals, Second Circuit.

Argued April 7, 1988.

Decided August 11, 1988.

New York Law School location: File #554, Box #121

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