Perez v. United States

OPINION

LASKER, District Judge.

Barbara Perez sues the United States to recover items of jewelry seized from her apartment by Drug Enforcement Administration (“DEA”) agents, and for damages. Perez alleges three causes of action: replevin, conversion and liability under the Federal Tort Claims Act. The Government moves to dismiss the suit on the grounds of lack of subject matter jurisdiction and failure to state a claim and, in the alternative, moves for summary judgment.

I

On October 22, 1991, Barbara Perez’s apartment was searched by DEA agents in a pre-dawn raid of several suspected drug…