Legal Opinion

Perez v. United States

District Court, S.D. New York

Decided March 11, 1994No. 92 Civ. 7727(MEL)Published

1Opinion of the Court

LASKER, District Judge.

Barbara Perez sues to recover personal property seized by Drug Enforcement Administration (“DEA”) agents from her apartment. The complaint states three causes of action: conversion, replevin and negligence under the Federal Tort Claims Act (“FTCA”).

By an Order and Opinion dated December 20, 1993, Perez’s claims for conversion and replevin were dismissed because Perez failed to file the required claim and cost bond, pursuant to 21 C.F.R. § 1316.75 (1993), to preserve her right to a judicial determination on the merits of the seizure and forfeiture. 838 F.Supp. 860…

2Cases cited10 opinions

United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
Kosak v. United StatesSupreme Court of the United States · 1984
Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
Myers & Myers, Inc. v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1975
Andrew Chen and Chen Printing and Supply Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1988

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