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Ali v. Federal Bureau of Prisons

Docket No.: 06-9130
Certiorari Granted: May 29 2007
Argued: October 29, 2007
Decided: January 22, 2008

Topics:

Federal Tort Claims, or Alien Tort Statute

PartyNames: ALI v. FEDERAL BUREAU OF PRISONS ET AL.
Petitioner: Abdus-Shahid M. S. Ali
Respondent: Federal Bureau of Prisons, et al.

Court Below: United States Court of Appeals for the Eleventh Circuit

Abdus-Shahid M. S. Ali
v.
Federal Bureau of Prisons, et al.
552 U.S. 214 (2008)
Question Presented:

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.

Question:

In the detention of goods exception to the waiver of sovereign immunity in the Federal Tort Claims Act, is the phrase "other law enforcement officer" limited to officers acting in a tax, excise, or customs capacity?

Holding: affirmed
Decision: Decision: 5 votes for Federal Bureau of Prisons, 4 vote(s) against
Opinion By:
Read ALI V. FEDERAL BUREAU OF PRISONS opinion (PDF)
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