Foster v. United States
Court of Appeals for the Ninth Circuit
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…
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