Legal Opinion

Foster v. United States

Court of Appeals for the Ninth Circuit

Decided April 16, 2008No. 06-56843PublishedCited by 43 opinions

1Opinion of the Court

GRABER, Circuit Judge:

Plaintiff Thomas Foster sued the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), alleging that agents of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) damaged hundreds of his handguns and long guns, as well as ammunition and packaging, which the ATF agents had seized. The district court dismissed the action for lack of subject matter jurisdiction. Specifically, the court ruled that the government had seized the property for the purpose of criminal investigation, not forfeiture, so the “detention of goods” exception to the FTCA, 28…

2Cases cited12 opinions

  1. Lane v. PenaSupreme Court of the United States · 1996
  2. Ali v. Federal Bureau of PrisonsSupreme Court of the United States · 2008
  3. Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
  4. Kosak v. United StatesSupreme Court of the United States · 1984
  5. Jose Aguado Cervantes v. United StatesCourt of Appeals for the Ninth Circuit · 2003

7 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Smoke Shop, LLC v. United StatesCourt of Appeals for the Seventh Circuit · 2014
  2. Davinci Aircraft, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  3. Brian Iverson v. United StatesCourt of Appeals for the Eighth Circuit · 2020
  4. Erin Osmon v. United StatesCourt of Appeals for the Fourth Circuit · 2023
  5. Nadine Pellegrino v. TSACourt of Appeals for the Third Circuit · 2019

38 more not listed; retrieve them via the Exa API.

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