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DI LORENZO v. UNITED STATES

July 17, 1980

Anthony DI LORENZO, Plaintiff,
v.
UNITED STATES of America et al., Defendants



The opinion of the court was delivered by: BRODERICK

MEMORANDUM ORDER

I.

 The plaintiff, a federal prisoner, brought this action against the United States, various federal agents and officials in their individual and official capacities (collectively "the federal defendants"), various state agents and officials, Braniff Airways, and an employee of Braniff Airways, alleging a host of civil rights violations.

 II.

 The federal defendants move to dismiss, or alternatively for summary judgment, on a variety of grounds.

 Insofar as the complaint requests relief against the United States and against federal defendants in their official capacities, summary judgment is granted. Insofar as the complaint seeks damages against individual federal defendants summary judgment is granted in part and denied in part. See Fed.R.Civ.P. 56(d). *fn1"

 III.

 Undisputed facts.

 The following facts are not in dispute.

 Plaintiff was convicted in this district in December 1969 of the crime of conspiracy and of the interstate transportation of stolen securities. He was sentenced to imprisonment for ten years. In June, 1971 he was committed to the custody of the Bureau of Prisons. In July, 1972 he escaped from custody while on a dental furlough and remained at large until February, 1977.

 In February of 1977, an agent of the Drug Enforcement Administration operating in Venezuela, acting on the information that plaintiff was a Department of Justice fugitive, arranged for his arrest by Panamanian officials. He devised a scheme by means of which plaintiff was induced to fly from Venezuela to Panama City, Panama. Upon landing in Panama City, plaintiff, at the request of DEA agents, was apprehended by Panamanian agents who held him for seven days and confiscated an assortment of merchandise they found in his possession. During that period plaintiff was beaten and otherwise abused by his Panamanian captors.

 On February 24, 1977 plaintiff was placed on board a Braniff airliner bound for Miami. The plaintiff created a commotion aboard the aircraft and was forcibly subdued by DEA agents.

 Once the plane arrived in Miami, plaintiff was lodged by the DEA agents in a State of Florida prison facility, and later moved to the Metropolitan Correction Center in New York. During the period of his ...


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