Zanzucchi v. United States

MEMORANDUM Patrick Henry Zanzucchi appeals a judgment dismissing his action filed under 28 U.S.C. § 2674 (the Federal Tort Claims Act). His complaint alleged that the government had wrongfully prosecuted him when he was convicted in 1986 of several counts of an indictment charging conspiracy, possession, and related drug offenses, including a count of operating a continuing criminal enterprise. The district court dismissed the action as untimely, and, added as an alternative ground for dismissal, Fed. R. Civ. P. 12(b)(6), because the federal prosecutor was protected by immunity for the conduct of the prosecution.