United States Ninth Circuit

In a suit against the United States under the Federal Tort Claims Act (FTCA), alleging that ATF agents damaged hundreds of his handguns and long guns, as well as ammunition and packaging, which they had seized, dismissal of the action for lack of subject matter jurisdiction is affirmed where, under CAFRA, the re-waiver of sovereign immunity in 28 U.S.C. section 2680(c)(1)-(4) applies only to property seized solely for the purpose of forfeiture, even if the government had in mind, and later pursued, judicial forfeiture of property seized initially for a legitimate criminal investigative purpose.

Appellate Information

• Argued 03/06/2008
• Decided 04/16/2008
• Published 04/16/2008

Judges

• GRABER, Circuit Judge:, Before: JOHN R. GIBSON,DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard M. Barnett, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• David B. Wallace, Assistant United States Attorney, San Diego, CA, for the defendant-appellee.