Rufu v. United States

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is a motion brought pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss petitioner’s claim for money damages for lack of subject matter jurisdiction.

BACKGROUND

Petitioner Dekalu Add Rufu was arrested at JFK International Airport and subsequently convicted of importing heroin into the country. At the time of Rufu’s arrest, agents of the Drug Enforcement Administration (“DEA”) seized from Rufu two pieces of luggage containing miscellaneous items of personal property. Rufu’s post conviction motion for return of that property was denied…