Michael Taylor v. US — 4th Cir. (Oct 30, 2026)
The Fourth Circuit considers a damages claim arising from a mistaken arrest in a federal drug investigation. DEA agents traced a vehicle they were watching to the plaintiff through its registration, then wrongly identified him as the person they had seen. His lawsuit says he spent about three weeks in jail, lost two jobs, and the charges were later dismissed. He sued the United States under the Federal Tort Claims Act, a law allowing certain damages claims for federal employees' negligence. The district court dismissed his remaining claim under the discretionary-function exception. That exception protects certain government policy judgments, even when officials abuse their discretion. The plaintiff will argue that the misidentification reflected careless inattention, not a protected policy choice. The government will argue that the claim challenges the kind of investigative judgment the exception protects. The judges also ask what the district judge had to address after the plaintiff objected to a magistrate judge's recommendation of dismissal.
Michael Taylor v. US (No. 25-2259) — U.S. Court of Appeals for the Fourth Circuit, argued October 30, 2026.
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