Legal Opinion
Jose Aguado Cervantes v. United States
Court of Appeals for the Ninth Circuit
Decided June 2, 2003No. 01-56929PublishedCited by 118 opinions
1Opinion of the Court
OPINION
WARDLAW, Circuit Judge.
Although rare, on occasion, we see arguments that simply fail the straight-face test. The United States’ assertion that the “detention of goods” exception to the sovereign immunity waiver under the Federal Tort Claims Act applies to its negligent failure to remove 119 pounds of marijuana hidden in a car it sold to Jose Aguado Cervantes, whom it later incarcerated for “transporting” those very drugs, is one. Although we agree with the district court that Cervantes cannot recover damages for false imprisonment or false arrest because the customs agents had…
2Cases cited15 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Pierson v. RaySupreme Court of the United States · 1967
- Berger v. United StatesSupreme Court of the United States · 1935
- United States v. OrleansSupreme Court of the United States · 1976
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
10 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Evel Knievel Krystal Knievel v. Espn, a Subsidiary of Walt Disney, Inc.Court of Appeals for the Ninth Circuit · 2005
- Simon v. Hartford Life, Inc.Court of Appeals for the Ninth Circuit · 2008
- James Odom v. Microsoft Corporation, a Washington Corporation Best Buy Co., Inc., a Minnesota CorporationCourt of Appeals for the Ninth Circuit · 2007
- Miller v. Yokohama Tire Corp.Court of Appeals for the Ninth Circuit · 2004
- Guerrero v. GatesCourt of Appeals for the Ninth Circuit · 2006
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