Whether the discretionary function exception bars claims for malicious prosecution and intentional infliction of emotional distress that violate the Constitution

QUESTIONS PRESENTED 1. Whether the Seventh Circuit erred in concluding, contrary to five other circuits, that the discretionary function exception of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680(a), bars claims for malicious prosecution and intentional infliction of emotional distress even where the tortious conduct violated the Constitution. 2. Whether the Seventh Circuit erred in concluding, contrary to the Eleventh Circuit but consistent with other circuits, that the discretionary function exception in Section 2680(a) of the FTCA bars claims for malicious prosecution despite the FTCA’s waiver in Section 2680(h) of sovereign immunity for such claims when based on the “acts or omissions of ... law enforcement officers of the United States Government.”