FEAR's Brief Bank II
  Motions, pleadings and briefs


Brief Bank II: indexed by issue

*******************************************************************************************

Damages to property while detained [ 94 ]

POINTS AND AUTHORITIES IN REPLY TO THE GOVERNMENT’S OPPOSITION TO

CLAIMANT’S MOTION FOR RECONSIDERATION OF THE ORAL RULING ON

SOVEREIGN IMMUNITY

The government bears the burden of proof on the discretionary function exception. … The government claims

that CAFRA’s exception in § 2680( c) for claims “based on injury or loss of goods, merchandise or other

property” only applies when the asset is lost or damaged, and not when the property is intentionally sold by the

government for a tenth of its value while litigation is pending. The government provided no authority

whatsoever for this contention. Dr. Lane cited Intrigue Trading v. United States, C.D. Cal. # CV-04-02360 – a

post-CAFRA case holding that § 2680( c) waived sovereign immunity for a claim for the fair market value of

property sold by the government for a tenth of its value while litigation was pending. … Federal statutes as well

as the government’s own manual, A Guide to Interlocutory Sales, created mandatory procedures which the

government violated in auctioning the Flash II without a minimum reserve acceptable to Dr. Lane. The

government argues that these procedures do not apply because the government had obtained a default judgment

and therefore the sale was not “interlocutory.” “Interlocutory” means while litigation is pending

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 [ replyconsiderati ]

PDF version: available PDF [ 587 ]

.

Monday, October 08, 2007 Page 1 of 1



First Previous Next Last

Page 1.                    (c) 2006 Forfeiture Endangers American Rights Foundation