Bid to regain incense goes up in smoke

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 29, 2014 2:57 PM

The Federal Tort Claims Act, which provides a partial waiver of sovereign immunity, includes an exception that preserves the federal government’s insulation from lawsuits that are based on “the detention of any goods, merchandise or other property by any … law enforcement officer.” 28 U.S.C. Section 2680(c). But the Civil Asset Forfeiture Reform Act, enacted in 2000, created a limited exception to this exception for cases where seized property was allegedly damaged while being held by the …

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