Francis Warin v. Director, Department of the Treasury Bureau of Alcohol, Tobacco and Firearms

This case requires us to determine whether the recent amendment to the Administrative Procedure Act, 5 U.S.C. § 702 1 which abrogates sovereign immunity in certain actions for non-monetary relief, constitutes a waiver of the sovereign immunity defense for the purposes of the general federal question jurisdictional statute, 28 U.S.C. § 1331(a), 2 in actions involving federal agencies or their officials.

Appellant Francis Warin brought an action for declaratory relief against the Director of the Bureau of Alcohol, Tobacco and Firearms. The District Court dismissed for lack of jurisdiction…