| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | ******************************************************************************************* |
| | Sovereign immunity | [ | 377 | ] |
| | POINTS AND AUTHORITIES IN SUPPORT OF CLAIMANT’S MOTION FOR |
| | RECONSIDERATION OF THE ORAL RULING ON SOVEREIGN IMMUNITY |
| | The Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) waived sovereign immunity to allow successful |
| | forfeiture claimants to sue for money damages under the Federal Tort Claims Act for “any claim based on |
| | injury or loss of goods, merchandise or other property” while held by law enforcement agencies for the |
| | purpose of forfeiture. Here, the Flash II was also sold for a tenth of its value while the forfeiture litigation was |
| | pending. Now that he has prevailed in the forfeiture litigation, Dr. Lane is entitled to the full fair market value of |
| | his interest in Flash II. The government nevertheless attempts to hide behind the discretionary function |
| | exception to the Federal Tort Claims Act, 28 U.S.C. § 2680(a). It argues that “the law presumes that a decision |
| | is grounded in policy (social, economic or political)” and claims that unless Dr. Lane can show that the |
| | government conduct violated a mandatory regulation its conduct must be deemed discretionary. The |
| | government claimed Dr. Lane bears the burden of proof on this issue. This is a misstatement of the law. … |
| | “Where all interested parties do not agree to the interlocutory sale, federal statutes and case law provide means |
| | of obtaining the court’s approval for a contested sale, pursuant to complex and strict guidelines.” … |
| | Procedure for conducting a contested interlocutory sale |
| | by | Grantland, Brenda |
| | U.S. | v. | ONE STAR CLASS SLOOP SAILBOAT NAMED “FLASH II” | D.Mass. | 05-10192 | ( | 2007 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect version: | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | LaneReconsider | ] |
| | PDF version: | available | [ | 582 | ] |
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| | Monday, October 08, 2007 | Page 1 of 1 |
Page 1. (c) 2006 Forfeiture Endangers American Rights Foundation