No. 19-217

DaVinci Aircraft, Inc. v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2019-08-19
Status: Denied
Type: Paid
Response Waived
Tags: bivens-claim bivens-v-six-unknown-named-agents civil-asset-forfeiture civil-asset-forfeiture-reform-act civil-rights discretionary-action espionage-act federal-tort-claims-act fourth-amendment subject-matter-jurisdiction
Key Terms:
FourthAmendment FifthAmendment DueProcess Takings CriminalProcedure
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) apply to goods seized in violation of the Fourth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Pub. L. No. 106-185, § 3, 114 Stat. 202 for property “seized for the purpose of forfeiture” apply to goods seized in violation of the Fourth Amendment? 2. Does the CAFRA exception and the “detention of goods” exception to the Federal Tort Claims Act, 28 U.S.C. § 26801(h) bar the district court from exercising subject matter jurisdiction barring such claims when a Federal government agency’s “discretionary action” is based on an allegedly false and fraudulent claim that the goods are “classified” and subject to security controls that would involve criminal liability under the Espionage Act, 18 U.S.C. § 793(d)? 3. Can the district court’s denial of a request for leave to file an amended complaint naming additional individual defendants, unknown at the time of filing but named as Does 1-10, invalidate the claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)?

Docket Entries

2019-10-21
Petition DENIED.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-16
Waiver of right of respondents United States, et al. to respond filed.
2019-08-14
Petition for a writ of certiorari filed. (Response due September 18, 2019)

Attorneys

DaVinci Aircraft, Inc.
Abraham Richard WagnerLaw Office of Abraham Wagner, Petitioner
United States of America, et al.
Noel J. FranciscoSolicitor General, Respondent