Ali v. Federal Bureau of Prisons
Ali sued the Federal Bureau of Prisons under the Federal Tort Claims Act (FTCA) for the mishandling of his belongings. According to Ali, religious and other personal items he owned were lost during his transfer from a federal prison in Georgia to another federal prison in Kentucky. The district court dismissed the case for lack of subject matter jurisdiction because the government was immune from law suits arising out of the "detention" of property.
The Eleventh Circuit Court of Appeals affirmed, holding that the FTCA barred claims against a law enforcement officer for the detention of property. The Eleventh Circuit held that the handling of goods fell within the definition of "detention" and that the prison officials were in fact "law enforcement officers."
Question Presented:
Under 28 U.S.C. ยง 2680(c), the Federal Tort Claims Act's waiver of sovereign immunity does not extend to "[a]ny claim arising in respect of the detention . . . of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer." The question presented, over which ten circuits are divided six-to-four is: whether the term "other law enforcement officer" is limited to officers acting in a tax, excise, or customs capacity.
