Ali v. Federal Bureau of Prisons (2007)
- Docket
- 06-9130
- Decided
- 2007-01-01
Summary
Question: In the detention of goods exception to the waiver of sovereign immunity in the Federal Tort Claims Act, is the phrase "other law enforcement officer" limited to officers acting in a tax, excise, or customs capacity? Conclusion: The Court agreed with the 11th Circuit and, in a 5-4 majority opinion written by Justice Clarence Thomas, held that the use of the word "any" should be given its normal interpretation, encompassing all federal officers whether or not they were involved in enforcing customs or excise laws. Justices Antonin Scalia, Ruth Bader Ginsburg and Samuel A. Alito, along with Chief Justice John G. Roberts, Jr., joined in the opinion. Justice Anthony Kennedy, joined by Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer, dissented in the judgment, arguing that if Congress intended to include officials other than customs or excise officials it would have listed them in the law. Justice Breyer wrote a separate dissent, jointed by Justice Stevens, suggesting that the context of the statute made clear that Congress intended it only to refer to federal officials likely to deal with property loss or damage, a group that, according to Breyer, did not include police officers.