Ford v. United States of America
Filing
47
ORDER granting 44 Motion to Dismiss for Lack of Jurisdiction. For the reasons discussed in the attached memorandum, the Court grants the Defendants motion to dismiss Plaintiffs claims for lack of subject matter jurisdiction. The Clerk of the Court is directed to close the case. Ordered by Judge Margo K. Brodie on 2/10/2015. (Bronn, Natasha)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------HENRY OLIVER FORD,
Plaintiff,
MEMORANDUM & ORDER
13-CV-6346 (MKB)
v.
UNITED STATES OF AMERICA,
Defendant.
--------------------------------------------------------------MARGO K. BRODIE, United States District Judge:
Plaintiff Henry Ford brings the above-captioned action against Defendant United States
of America (the “United States”) for negligence and conversion in violation of the Federal Torts
Claims Act (“FTCA”). Plaintiff seeks damages for loss of his personal property seized by
United States Immigration and Customs Enforcement, Department of Homeland Security
(“ICE”), in May 2010, at John F. Kennedy International Airport (“JFK”). Defendant moves to
dismiss the Complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. For the
reasons discussed below, the Court grants Defendant’s motion to dismiss.
I.
Background
In May 2010, Plaintiff was taken into custody at JFK by two ICE special agents. (Compl.
¶ 2.) Upon his arrest, Plaintiff’s property was seized. (Id.) The property included Plaintiff’s
passport, telephone, wallet, eight luxury wrist watches, laptop computer, computer bag, business
cards and “the only copy of land surveys and engineering plans.” (Id.) Plaintiff’s attorney
contacted the Department of Homeland Security (“Homeland Security”) several times over an
eleven month period to obtain Plaintiff’s property. (Id. ¶ 3.)
On April 4, 2012, the United States District Court for the District of Arizona “ordered
Defendant to immediately return Plaintiff’s personal property to Plaintiff, without the need to
sign a Hold Harmless Agreement.” (Id. ¶ 7.) Defendant returned Plaintiff’s wallet, business
cards, and laptop computer. (Id. ¶ 11.) Plaintiff contends that his computer was damaged
beyond repair, and that Defendant failed to return his passport, telephone, computer bag, wrist
watches, land surveys and engineering plans. (Id.) On or about April 20, 2012, Plaintiff filed an
administrative claim with Homeland Security seeking damages for the loss of his personal
property. (Id. ¶ 12.) On October 3, 2012, Homeland Security denied Plaintiff’s administrative
claim. (Id.)
II.
Discussion
a.
Standard of Review
“Dismissal of a case for lack of subject matter jurisdiction under Rule 12(b)(1) is proper
‘when the district court lacks the statutory or constitutional power to adjudicate it.’” Burns v.
City of Utica, --- F.App’x---, 2014 WL 5785554, at *2 (2d Cir. Nov. 7, 2014) (citing Makarova
v. United States, 201 F.3d 110, 113 (2d Cir. 2000)); Shabaj v. Holder, 718 F.3d 48, 50 (2d Cir.
2013) (“[A] district court may properly dismiss a case for lack of subject matter jurisdiction
under Rule 12(b)(1) if it lacks the statutory or constitutional power to adjudicate it.” (alteration
in original) (quoting Aurecchione v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir.
2005))). “‘[T]he court must take all facts alleged in the complaint as true and draw all
reasonable inferences in favor of plaintiff,’ but ‘jurisdiction must be shown affirmatively, and
that showing is not made by drawing from the pleadings inferences favorable to the party
asserting it.’” Morrison v. Nat’l Austl. Bank Ltd., 547 F.3d 167, 170 (2d Cir. 2008) (alteration in
original) (citations omitted), aff’d, 561 U.S. 247 (2010). Where the plaintiff’s claim implicates
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the FTCA, the plaintiff “bears the burden of proving subject matter jurisdiction by a
preponderance of the evidence.” Haskin v. United States, 569 F. App’x 12, 15 (2d Cir. 2014)
(citing Aurecchione, 426 F.3d 635 at 638); Liranzo v. United States, 690 F.3d 78, 84 (2d Cir.
2012); Yesina v. United States, 911 F. Supp. 2d 217, 220 (E.D.N.Y. 2012). “As [the FTCA]
creates a waiver of sovereign immunity, it is strictly construed in favor of the government.”
Haskin, 569 F. App’x 12 at 15; Liranzo, 690 F.3d at 84. A court may consider matters outside of
the pleadings when determining whether subject matter jurisdiction exists. M.E.S., Inc. v. Snell,
712 F.3d 666, 671 (2d Cir. 2013); Romano v. Kazacos, 609 F.3d 512, 520 (2d Cir. 2010);
Morrison, 547 F.3d at 170.
b.
Sovereign Immunity and Federal Tort Claims Act
The United States is generally immune from suit. United States v. Bormes, 568 U.S. ---,
---, 133 S. Ct. 12, 13–14 (2012) (“Sovereign immunity shields the United States from suit absent
a consent to be sued that is ‘unequivocally expressed.’” (quoting United States v. Nordic Vill.,
Inc., 503 U.S. 30, 33–34 (1992))). Under the FTCA, “Congress waived the United States’
sovereign immunity for claims arising out of torts committed by federal employees while acting
within the scope of their employment.” Ali v. Fed. Bureau of Prisons, 552 U.S. 214, 217–18
(2008); Vidro v. United States, 720 F.3d 148, 150 (2d Cir. 2013); Kuhner v. Montauk Post
Office, No. 12-CV-2318, 2013 WL 1343653, at *2 (E.D.N.Y. Apr. 4, 2013); Leogrande v. New
York, No. 08-CV-3088, 2013 WL 1283392, at *13 (E.D.N.Y. Mar. 29, 2013); Espinoza v. Zenk,
No. 10-CV-427, 2013 WL 1232208, at *4 (E.D.N.Y. Mar. 27, 2013); see generally Levin v.
United States, 568 U.S. ---, ----, 133 S. Ct. 1224, 1228 (2013) (“The [FTCA] gives federal
district courts exclusive jurisdiction over claims against the United States for ‘injury or loss of
property, or personal injury or death caused by the negligent or wrongful act or omission’ of
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federal employees acting within the scope of their employment.” (quoting 28 U.S.C
§ 1346(b)(1))); Molchatsky v. United States, 713 F.3d 159, 161–62 (2d Cir. 2013) (quoting 28
U.S.C. § 1346(b)(1)); Carter v. United States, 494 F. App’x 148, 149 (2d Cir. 2012) (same).
“The United States’ waiver of immunity under the FTCA is to be strictly construed in favor of
the government.” Liranzo, 690 F.3d at 84
c.
The detention of goods exception to the FTCA
The FTCA “provides generally that the United States shall be liable, to the same extent as
a private party ‘for injury or loss of property, or personal injury or death caused by negligent or
wrongful act or omission of any employee of the Government while acting within the scope of
his office or employment.’” Kosak v. United States, 465 U.S. 848, 851–52 (1984). Despite this
broad waiver of sovereign immunity, the FTCA is subject to a number of enumerated exceptions.
Id. One such exception is the detention of goods exception, found in 28 U.S.C. § 2680(c).
Under Section 2680(c), “[a]ny claim arising in respect of the . . . detention of any goods,
merchandise, or other property by any officer of customs or excise or any other law enforcement
officer” is exempted from the FTCA’s waiver of sovereign immunity. See Kosak, 465 U.S. at
854 (Section 2680(c) “exempts from the coverage of the statute [a]ny claim arising in respect
of . . . the detention of any goods or merchandise by any officer of customs.”); see also
Espinoza, 2013 WL 1232208, at *4 (“Section 2680(c) of the FTCA exempts from the waiver of
sovereign immunity ‘[a]ny claim arising in respect of the . . . detention of any goods,
merchandise, or property by any other law enforcement officer’”).
In construing the statute, the Supreme Court has applied Section 2680(c)’s detention of
goods exception broadly. Kosak, 465 U.S. at 854. In Kosak, the Supreme Court held that this
exception applies to “any claim ‘arising out of’ the detention of goods . . . includ[ing] a claim
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resulting from negligent handling or storage of detained property.” Id.; see Hallock v. United
States, 253 F. Supp. 2d 361, 367 (N.D.N.Y. 2003) (holding that if the instant property is seized
and transported elsewhere, it is deemed detained).
Plaintiff brings two claims against Defendant. First, Plaintiff alleges negligence based on
Defendant’s failure to maintain and protect Plaintiff’s property. (Compl. ¶ 25). Second, Plaintiff
alleges conversion of his property while it was in the possession of ICE. (Compl. ¶ 30). As
explained below, both of Plaintiff’s claims arise from the detention of his property by ICE and
therefore fall within Section 2680(c)’s detention of goods exception to the FTCA.
i. Negligence claim
Plaintiff’s property was seized when he was taken into custody by ICE special agents
during his arrest and detention at JFK. (Id. ¶ 6.) Because his negligence claim for failure to
maintain and protect his property is directly related to the detention of goods by a law
enforcement or customs officer, and his claim arises from acts of negligence while his property
was in the possession of ICE, Plaintiff’s claim for negligence based on Defendant’s failure to
maintain and protect his property falls squarely within Section 2680(c)’s exception. See Adeleke
v. United States, 355 F.3d 144, 154 (2d Cir. 2004) (holding that property seized by customs falls
squarely within the § 2680(c) exception of the FTCA waiver of sovereign immunity); Hallock,
253 F. Supp. 2d at 367 (holding that damage and destruction that occurs at some point after
seizure but before the property is returned to plaintiff falls within the time period in which the
United States retains sovereign immunity under the “detention of goods” exception). Plaintiff’s
negligence claim is therefore dismissed.
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ii. Conversion claim
Plaintiff’s conversion claim is also barred by Section 2680(c)’s detention of goods
exception to the FTCA’s waiver of sovereign immunity, as it arises out of the detention of
Plaintiff’s property by customs or law enforcement officials. As discussed above, the Supreme
Court has construed Section 2680(c)’s detention of goods exception broadly. See Kosak, 465
U.S. at 854 (holding that the United States is immune from any claim “arising out of the
detention of goods, and includes a claim resulting from negligent handling or storage of detained
property”). Applying this broad standard, courts in this Circuit have routinely declined to
exercise subject matter jurisdiction over conversion claims based on Section 2680(c)’s exception
to the FTCA. See Aetna Cas. & Sur. v. United States, 71 F.3d 475, 478 (2d Cir. 1995) (affirming
lower court’s dismissal of plaintiff’s conversion claim under Section 2680(c)); Rufu v. United
States, 876 F. Supp. 400, 402 (E.D.N.Y. 1994) (stating that the purpose of the detention of goods
exception “was to prohibit actions for conversion arising from a denial by the customs authorities
. . . of another’s immediate right of dominion or control over goods in possession of the
authorities” (quoting Alliance Assurance Co. v. United States, 252 F.2d 529, 533 (2d Cir.
1958))); Sterling v. United States, 749 F. Supp. 1202, 1212 (E.D.N.Y. 1990) (holding that
Section 2680(c) applies and that plaintiff’s conversion claim against the United States under the
FTCA should be dismissed); Hallock, 253 F. Supp. 2d at 368 (dismissing plaintiff’s conversion
claim against custom agents that seized and damaged plaintiff’s personal property pursuant to a
warrant). Because Plaintiff’s conversion claim arises from the detention of goods by ICE, it falls
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within the Section 2680(c) exception to the FTCA and is therefore not subject to the waiver of
immunity under the FTCA.1
III.
Conclusion
For the reasons discussed above, the Court grants the Defendant’s motion to dismiss
Plaintiff’s claims for lack of subject matter jurisdiction.
SO ORDERED:
s/ MKB
MARGO K. BRODIE
United States District Judge
Dated: February 10, 2015
Brooklyn, New York
1
In Levin v. United States, the Supreme Court noted that Section 2680(h), the intentional
tort exception to the FTCA, “does not remove from the FTCA’s waiver all intentional torts, e.g.,
conversion.” Levin v. United States, 568 U.S. ---, ---, 133 S. Ct. 1224, 1228 (2013). However,
because Plaintiff’s conversion claim is based on the detention of his property by ICE, his claim
falls under Section 2680(c)’s exception to the FTCA and requires dismissal.
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