On May 24, the Ninth Circuit Court of Appeals vacated a lower court’s dismissal and sent Larson client Sofia Johnson’s case against the United States government back to the trial court.
In a First Amended Complaint filed in the United States District Court for the Central District of California, Sofia Johnson, a U.S. citizen, alleges that over the course of 20 years the government repeatedly and unlawfully arrested, detained, imprisoned, prosecuted, deported, and denied entry to her on the basis that she was a purported “illegal alien.” The government’s conduct has had a devasting impact on Ms. Johnson.
Larson attorneys filed suit against the United States on Ms. Johnson’s behalf, alleging common law tort claims of false arrest/false imprisonment, negligence, intentional infliction of emotional distress, and malicious prosecution. The District Court dismissed the case based on the government’s argument that Ms. Johnson’s claims are time barred under the Federal Tort Claims Act.
Despite dismissing the matter, the District Court also found that Johnson had satisfied the requirements for equitable tolling, which pauses the clock on claims if the litigant pursues their rights diligently and is obstructed by extraordinary circumstances. Citing this contradiction, the Ninth Circuit vacated the order of dismissal and remanded the case back to the District Court.
“We are pleased that Ms. Johnson has another opportunity to pursue justice for her wrongful deportations and multiple violations of her rights,” said Larson partner Jerry Behnke, who is lead trial counsel. The Larson team working on Ms. Johnson’s appeal includes partner Catherine Owens, who argued the case before the Ninth Circuit, and associate Mehrunisa Ranjha.
