liability under the FTCA. 28 U.S.C. § 1346(b)(1). Santoni’s claims of false arrest, false imprisonment, assault, and battery rely on the premise that Desrosiers acted at least negligently by arresting Santoni without any lawful authority to do so. Under Maine law, the torts of assault and battery by a law enforcement officer require either a false arrest or the use of excessive force during or after taking an individual into custody. Bale v. Ryder, 290 A.2d 359, 360 (Me.1972). Similarly, in order to establish a tort claim of false arrest and false imprisonment “the authority upon which [P]laintiff is confined must be unlawful.” Nadeau v. State, 395 A.2d 107, 116 (Me.1978) (stating elements of false imprisonment claim); see Jedzierowski v. Jordan, 157 Me. 352, 172 A.2d 636, 637 (1961) (<HOLDING>). As we have already concluded, supra, Santoni
holding that plaintiff could not sidestep the ftcas exclusion of false imprisonment claims by suing for the damage of false imprisonment under the label of negligence holding that state jurisdiction over claims by union members against employer for false arrest false imprisonment and malicious prosecution were not preempted under garmon holding that false arrest and false imprisonment claim were not duplicative holding that false arrest is one means of committing false imprisonment holding that claims for false arrest and imprisonment under  1983 accrue at the time of the arrest