Chen v. US, 854 F. 2d 622 - Court of Appeals, 2nd Circuit 1988

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\u27s complaint alleged claims of negligence per se, intentional tort and prima facie tort against the General Services Administration ( GSA ), based on GSA\u27s alleged violations of federal procurement regulations during (1) the investigation of Chen Printing\u27s 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\u27s actions. Upon the government\u27s motion, the district court granted summary judgment in its favor, holding that Chen\u27s claims for GSA\u27s 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\u27s claims