United States Ninth Circuit

The "detention of goods" exception to the sovereign immunity waiver under the Federal Tort Claims Act cannot apply to the government's negligent failure to remove 119 pounds of marijuana hidden in a car sold to plaintiff, who was later incarcerated for transporting those drugs.

Appellate Information

• Argued 12/06/2002
• Decided 06/02/2003
• Published 06/02/2003

Judges

• Before:  BROWNING, KOZINSKI and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen J. Estey,Estey & Bomberger, LLP, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when oral argument was heard and opinion was filed), Peter J. Sholl, Assistant United States Attorney (on the brief), Timothy C. Stutler, Assistant U.S. Attorney (at oral argument), San Diego, CA, for the defendant-appellee.