DaVinci Aircraft, Inc. v. United States, No. 17-55719 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's dismissal of claims brought by DaVinci, alleging conversion and other common law torts against the United States and several U.S. Air Force employees. In 2014, the Air Force agents seized ten military GPS antennas from DaVinci, allegedly under the guise of the Espionage Act. DaVinci sought damages under the Federal Tort Claims Act (FTCA) and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).
DaVinci alleged abuse of process and conversion claims, arguing that the United States conspired to fraudulently and wrongfully coerce DaVinci to surrender the antennas without due process or just compensation. The panel held that the abuse of process claim was barred by section 2680(c) of the FTCA, because the antennas were not seized "solely" for the purpose of forfeiture. Likewise, the conversion claim failed because it was based on the allegedly illegal seizure of goods. The panel held that DaVinci could proceed in the Court of Federal Claims under the Tucker Act through a takings claim under the Fifth Amendment.
In regard to DaVinci's claims against individual defendants, the panel held that DaVinci voluntarily dismissed the case against three individuals and never amended the complaint to include any others. Furthermore, DaVinci's claims against the individual defendants were not part of this appeal. Finally, the district court properly dismissed the Bivens claim against the United States, as the only remaining defendant, based on lack of subject matter jurisdiction.
Court Description: Federal Tort Claims Act / Bivens The panel affirmed the district court’s dismissal of all of the claims of DaVinci Aircraft, Inc., alleging conversion and other common law torts against the United States and several U.S. Air Force employees; and remanded so that the district court may transfer the action to the Court of Federal Claims, if so requested. U.S. Air Force agents seized ten military Global Positioning Systems antennas from DaVinci. DaVinci sought damages under the Federal Tort Claims Act (“FTCA”) and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). In support of its abuse of process and conversion claims, DaVinci alleged that the United States and its agents conspired to fraudulently and wrongfully coerce DaVinci to * The Honorable Barrington D. Parker, United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation. DAVINCI AIRCRAFT V. UNITED STATES 3 surrender the antennas to the Air Force without due process or just compensation. The panel held that DaVinci’s abuse of process claim was barred by section 2680(c) of the FTCA, which bars any “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.” 26 U.S.C. § 2680(c). The panel held that the exception applied even though the antennas were permanently, rather than temporarily, detained; and applied whether or not the property was seized as a part of a criminal investigation. The panel further held that because the antennas were not seized “solely” for the purpose of forfeiture, paragraphs (1)–(4) to section 2680(c) through the Civil Asset Forfeiture Reform Act of 2000 did not rewaive sovereign immunity to allow DaVinci’s abuse of process claim. The panel held that the same logic applied to prohibit DaVinci’s conversion claim because it was based on the allegedly illegal seizure of goods. The panel held that at the very least, DaVinci could seek reimbursement for the price it paid for the antennas at the Court of Federal Claims. The panel further held that DaVinci could proceed in the Court of Federal Claims under the Tucker Act through a takings claim under the Fifth Amendment. DaVinci sued individual defendants in their individual capacities. The panel held that because DaVinci voluntarily dismissed the case against the three named individuals and never amended the complaint to include any others, DaVinci’s Bivens claims against the individual defendants were not part of this appeal and did not exist. The panel further held that the only remaining defendant remaining 4 DAVINCI AIRCRAFT V. UNITED STATES was the United States, and the district court properly dismissed the Bivens claims against the United States for lack of subject matter jurisdiction. COUNSEL. Abraham Richard Wagner (argued), Law Offices of Abraham Wagner, Los Angeles, California; David M. Baum, Baum Law Corporation, Los Angeles, California; for Plaintiff-Appellant. David Pinchas (argued), Assistant United States Attorney; Dorothy A. Schouten, Chief, Civil Division; Nicola T. Hanna, United States Attorney; United States Attorney’s Office, Los Angeles, California; for Defendant-Appellee.
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