United States Ninth Circuit

In a tort and injury action arising from the search and seizure of a fishing boat in international waters by the US Coast Guard, Rule 12(b)(6) dismissal by the district court on the ground that the defendant had not waived sovereign immunity is affirmed in part and vacated in part where the Public Vessels Act (PVA), 46 U.S.C. 31101-31113, provides the basis for a conditional waiver, but district court failed to ascertain whether the condition of waiver, as a matter of law, was met.

Appellate Information

• Decided 04/21/2011
• Published 04/21/2011

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Walter L. Boyaki, R. Scott Blaze