Dick Gifford, Plaintiff-appellant, v. United States of America, Defendant-appellee, 967 F.2d 586 (9th Cir. 1992)Annotate this Case
Submitted June 5, 1992. *Decided June 9, 1992
Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges.
The United States is immune from suit for " [a]ny claim arising in respect of ... the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer." 28 U.S.C. § 2680(c). Gifford contends that section 2680(c) applies only to customs or excise officers. But we have held that " [s]ection 2680(c) ... does not apply solely to loss from detention of goods by tax or customs officers, but includes actions by 'any other law enforcement officer.' " United States v. Lockheed L-188 Aircraft, 656 F.2d 390, 397 (9th Cir. 1979) (quoting 28 U.S.C. § 2680(c)); see also A-Mark, Inc. v. United States Secret Service, 593 F.2d 849, 850 (9th Cir. 1978). Thus, the district court correctly held that the actions of the BLM law enforcement officers fell within section 2680(c).
Alternatively, Gifford asks us to overrule Lockheed. As a three-judge panel, we are bound by prior decisions of this circuit. Gifford must file a suggestion for rehearing en banc if he wishes the court to consider overruling Lockheed.