Abdus-Shahid M. S. Ali v. Federal Bureau of Prisons, et al.
Federal Tort Claims Act, Sovereign Immunity, Law Enforcement Officer
Under 28 U.S.C. 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.