Chapa v. United States Dep't of Just., 339 F.3d 388 (5th Cir. 2003). · Go Syfert
Chapa v. United States Dep't of Just., 339 F.3d 388 (5th Cir. 2003). Cases Citing This Book View Copy Cite
65 citation events (65 in the last 25 years) across 24 distinct courts.
Strongest positive: Oquendo v. United States (kyed, 2025-08-29)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Oquendo v. United States
E.D. Ky. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
thus, as defined in 2680(h), a bop official is a federal law enforcement officer.
discussed Cited as authority (verbatim quote) Robinson v. USA
E.D. Ky. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
thus, as defined in 2680(h), a bop official is a federal law enforcement officer.
discussed Cited as authority (verbatim quote) Konan v. United States Postal Service
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
sovereign immunity implicates subject matter jurisdiction.
discussed Cited as authority (rule) Kendall D. Wysinger v. Mr. S. Bryson, et al.
W.D. Va. · 2026 · confidence medium
Bureau of Prisons, 255 F. App’x 378, 380 (11th Cir. 2007) (citing Chapa v. DOJ, 339 F.3d 388, 390 (5th Cir. 2003)). for a loss of personal property while in prison, including during a transfer to another facility”) (citing Ali, 552 U.S. at 217–18, 228).
discussed Cited as authority (rule) Marquez v. United States
W.D. Tex. · 2025 · confidence medium
Failure to Show the Government Has Waived Sovereign Immunity In addition, Marquez’s FTCA claim arising from “‘the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer,’ [is excluded] from the FTCA’s broad waiver of sovereign immunity.” Chapa v. U.S. Dep’t of Just., 339 F.3d 388, 389 (5th Cir. 2003) (quoting 28 U.S.C. § 2680 (c)).
cited Cited as authority (rule) Boswell v. United States
E.D. Ky. · 2025 · signal: cf. · confidence medium
Cf. Chapa v. U.S. Dep’t of Just., 339 F.3d 388, 390 (5th Cir. 2003); see also Ali v. Fed.
cited Cited as authority (rule) Tovar v. United States
S.D. Tex. · 2025 · confidence medium
The Fifth Circuit has held more directly that “a BOP official is a federal law enforcement officer.” Chapa v. U.S. Dep't of Just., 339 F.3d 388, 390 (5th Cir. 2003).
cited Cited as authority (rule) Veritext Corp. v. Bonin
E.D. La. · 2021 · confidence medium
“Sovereign immunity implicates subject matter jurisdiction.” Chapa v. U.S. Dep’t of Just., 339 F.3d 388, 389 (5th Cir. 2003).
cited Cited as authority (rule) Dickson v. United States
5th Cir. · 2021 · confidence medium
Chapa v. United States, 339 F.3d 388, 390 (5th Cir. 2003) (per curiam).
cited Cited as authority (rule) Moler v. Gasaway
5th Cir. · 2021 · confidence medium
Bureau of Prisons, 552 U.S. 214, 218-28 (2008); Chapa v. U.S. Dep’t of Just., 339 F.3d 388, 390 (5th Cir. 2003).
discussed Cited as authority (rule) Rathmann v. Mississippi Department of Corrections
S.D. Miss. · 2021 · confidence medium
MDOC moves under Rule 12(b)(1) as “[sovereign] immunity deprives federal courts of subject matter jurisdiction.” , 462 F.3d 481, 484 (5th Cir. 2006) (citing , 339 F.3d 388, 389 (5th Cir. 2003)). 1. § 1983 Claims MDOC raises Eleventh Amendment immunity from § 1983 liability.
cited Cited as authority (rule) Fryer v. United States of America
W.D. Tex. · 2020 · confidence medium
Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir. 2003).
cited Cited as authority (rule) Moreno v. United States
E.D. Tex. · 2020 · confidence medium
Lane v. Pena, 518 U.S. 187, 192 (1996); Chapa v. United States Department of Justice, 339 F.3d 388, 390 (5th Cir. 2003).
cited Cited as authority (rule) Moler v. Gasaway
W.D. La. · 2019 · confidence medium
App’x. 950 (5th Cir. Sept. 29, 2011) (citing Chapa v. DOJ, 339 F.3d 388, 391 (5th Cir. 2003); Capozzoli v. Tracey, 663 F.2d 654, 658 (5th Cir. 1981).
cited Cited as authority (rule) Carlos Gonzalez v. United States
5th Cir. · 2017 · confidence medium
See § 2680(b), (c); See Ali, 552 U.S. at 218-28, 128 S.Ct. 831 ; Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir. 2003).
cited Cited as authority (rule) D'Amario v. United States
W.D.N.Y. · 2014 · confidence medium
See, e.g., Feaster v. Federal Bureau of Prisons, 366 Fed.Appx. 322 , 323 (3d Cir.2010); Chapa v. United States Dep’t of Justice, 339 F.3d 388, 391 (5th Cir.2003); James v. United States, C.A.
discussed Cited as authority (rule) Joe Champion v. United States
5th Cir. · 2011 · confidence medium
Chapa v. U.S. Dep't of Justice, 339 F.3d 388, 390 (5th Cir.2003) (per curiam) (quoting Linkous v. United States, 142 F.3d 271, 275 (5th Cir.1998)) (brackets omitted). 11 . 28 U.S.C. § 2680 (a). 12 . 499 U.S. 315, 322-23 , 111 S.Ct. 1267 , 113 L.Ed.2d 335 (1991). 13 .
discussed Cited as authority (rule) Ackerson v. Bean Dredging, LLC
5th Cir. · 2009 · confidence medium
P. 12(h)(3) ("If the court determines at any time that it lacks subjectmatter jurisdiction, the court must dismiss the action."); Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) ("[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety."); Bodin v. Vagshenian, 462 F.3d 481, 484 (5th Cir. 2006) ("[Sovereign] immunity deprives federal courts of subject matter jurisdiction." (citing Chapa v. U.S. Dep't of Justice, 339 F.3d 388, 389 (5th Cir. 2003)). [38] Cf. Ali, 355 F.3d at 1147 ("However, the government contractor defense d…
discussed Cited as authority (rule) Ackerson v. Bean Dredging LlC
5th Cir. · 2009 · confidence medium
See Fed.R.Civ.P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Arbaugh v. Y&H Corp., 546 U.S. 500, 514 , 126 S.Ct 1235 , 163 L.Ed.2d 1097 (2006) ("[Wjhen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety.”); Bodin v. Vagshenian, 462 F.3d 481, 484 (5th Cir.2006) ("[Sovereign] immunity deprives federal courts of subject matter jurisdiction.”) (citing Chapa v. U.S. Dep't of Justice, 339 F.3d 388, 389 (5th Cir.2003)). .Cf.
cited Cited as authority (rule) Johnson v. USA
5th Cir. · 2009 · confidence medium
See Lane v. Halliburton, 529 F.3d 548, 557 (5th Cir.2008); Chapa v. United States Dep’t of Justice, 339 F.3d 388, 390-91 (5th Cir.2003); Halverson v. United States, 972 F.2d 654, 656 (5th Cir.1992).
cited Cited as authority (rule) Smith v. USA
5th Cir. · 2008 · confidence medium
Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 389 (5th Cir. 2003).
discussed Cited as authority (rule) Ali v. Federal Bureau of Prisons (2×)
SCOTUS · 2008 · confidence medium
See Bramwell v. Bureau of Prisons, 348 F.3d 804, 806-807 (C.A.9 2003); Chapa v. Dept. of Justice, 339 F.3d 388, 390 (C.A.5 2003) (per curiam) ; Hatten v. White, 275 F.3d 1208, 1210 (C.A.10 2002); Cheney v. United States, 972 F.2d 247, 248 (C.A.8 1992) (per curiam) ; Ysasi v. Rivkind, 856 F.2d 1520, 1525 (C.A.Fed. 1988).
examined Cited as authority (rule) Samuels v. Bureau of Prisons (4×)
D. Mass. · 2007 · confidence medium
See, e.g., Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 807 (9th Cir.2003) (holding that BOP officers are law enforcement officers for the purposes of § 2680(c)); Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir.2003) (same); Batten v. White, 275 F.3d 1208, 1210 (10th Cir.2002) (same); Cheney v. United States, 972 F.2d 247, 248 (8th Cir.1992) (holding claim against federal drug task force officer based on seizure of property in course of search barred by § 2680(c)’s “broad exception to the FTCA’s general waiver of sovereign immunity”); Schlaebitz v. United States Dep…
discussed Cited as authority (rule) Bashir v. United States
M.D. Fla. · 2007 · confidence medium
Id. at 195 ; see also Bramwell v. United States Bureau of Prisons, 348 F.3d 804 (9th Cir.2003), cert. denied, 543 U.S. 811 , 125 S.Ct. 45 , 160 L.Ed.2d 14 (2004) (Federal Bureau of Prisons officers); Chapa v. *1184 United States Dep’t of Justice, 339 F.3d 388, 390 (5th Cir.2003) (Federal Bureau of Prisons officers); Hatten v. White, 275 F.3d 1208, 1210 (10th Cir.2002) (Federal Bureau of Prisons officers); Halverson v. United States, 972 F.2d 654, 656 (5th Cir.1992) (Border Patrol agents), cert. denied, 507 U.S. 925 , 113 S.Ct. 1297 , 122 L.Ed.2d 687 (1993); Cheney v. United States, 972 F.2d …
cited Cited as authority (rule) David S. Dahler v. United States of America and Federal Bureau of Prisons
7th Cir. · 2007 · confidence medium
See Bramwell v. United States Bureau of Prisons, 348 F.3d 804, 806-07 (9th Cir.2003); Chapa v. United States Dept. of Justice, et al., 339 F.3d 388, 389-90 (5th Cir.2003).
cited Cited as authority (rule) Dahler, David S. v. United States
7th Cir. · 2007 · confidence medium
See Bramwell v. United States Bureau of Prisons, 348 F.3d 804, 806-07 (9th Cir. 2003); Chapa v. United States Dept. of Justice, et al., 339 F.3d 388, 389-90 (5th Cir. 2003).
discussed Cited as authority (rule) Bodin v. United States (2×)
5th Cir. · 2006 · confidence medium
Chapa v. United States Dept. of Justice, 339 F.3d 388, 389 (5th Cir.2003).
discussed Cited as authority (rule) Anthony Andrews v. United States (2×)
4th Cir. · 2006 · confidence medium
We recognize that six other Courts of Appeals — the Fifth, Eighth, Ninth, Tenth, Eleventh, and Federal Circuits — have concluded that “law enforcement officer” is not limited to officers acting in a tax or customs capacity. 10 See Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir.2003) (BOP officers included); Cheney v. United States, 972 F.2d 247, 248 (8th Cir.1992) (federal drug task force officers included); Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 807 (9th Cir.2003) (BOP officers included); Ratten v. White, 275 F.3d 1208, 1210 (10th Cir.2002) (same); Schlaebitz …
discussed Cited as authority (rule) Hix v. United States Army Corps of Engineers
5th Cir. · 2005 · confidence medium
We review de novo whether a federal court has subject-matter jurisdiction. 3 Chapa v. United States Dep’t of Justice, 339 F.3d 388, 389 (5th Cir.2003); Price v. United States, 69 F.3d 46, 49 (5th Cir.1995).
cited Cited "see" Blessett v. TX Off Atty Gen
5th Cir. · 2021 · signal: see · confidence high
See Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 389 (5th Cir. 2003).
cited Cited "see" Gregory Krug v. USA
5th Cir. · 2011 · signal: see · confidence high
See Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 391 (5th Cir.2003); Capozzoli v. Tracey, 663 F.2d 654, 658 (5th Cir.1981).
discussed Cited "see" Olaniyi v. United States
D.D.C. · 2011 · signal: see · confidence high
It is a term often associated with an ongoing investigation.” Kurinsky v. United States, 33 F.3d 594, 597 (6th Cir. 1994); see Chapa v. United States Dep’t of Justice, 339 F.3d 388, 390-91 (5th Cir. 2003) (agreeing with this interpretation of detention).
discussed Cited "see" OLANIYI v. District of Columbia
D.D.C. · 2011 · signal: see · confidence high
It is a term often associated with an ongoing investigation.” Kurinsky v. United States, 33 F.3d 594, 597 (6th Cir.1994); see Chapa v. United States Dep’t of Justice, 339 F.3d 388, 390-91 (5th Cir.2003) (agreeing with this interpretation of detention).
cited Cited "see" Anthony Morrow v. Federal Bureau of Prisons
11th Cir. · 2007 · signal: see · confidence high
See Chapa v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir.2003) (“[A]s defined in [section] 2680(h), a BOP official is a federal law enforcement officer.”).
discussed Cited "see" Solis-Alarcon v. United States
D.P.R. · 2006 · signal: see · confidence high
See, Cha-pa v. U.S. Dep’t of Justice, 339 F.3d 388 (5th Cir.2003) (§ 2680(c) precludes claim for loss of inmate’s property, which he had given to Bureau of Prisons officers to be returned to him once he had transferred from one prison facility to another); Cheney v. U.S., 972 F.2d 247 (8th Cir.1992) (finding plaintiffs claim against federal drug task agent who seized a car title certificate and later returned it to plaintiffs girlfriend, who obtained the car and in whose possession it was damaged, covered by § 2680(c) and therefore not cognizable under the FTCA); Bramwell v. U.S. Bureau …
discussed Cited "see" Marlon Bramwell v. U.S. Bureau of Prisons (2×) also: Cited "see, e.g."
9th Cir. · 2003 · signal: see · confidence high
See Chapa, 339 F.3d at 390 .
discussed Cited "see, e.g." Sanchez-Rivera v. United States
S.D. Cal. · 2022 · signal: see also · confidence medium
R. 737, 778 n.213 (June 2019) (citing Millbrook, 568 U.S. at 55 n.3); see also Chapa 23 v. U.S. Dep’t of Justice, 339 F.3d 388, 390 (5th Cir. 2003) (treating prison guards as law enforcement officers for purposes of the intentional torts proviso). 24 That Plaintiff alleges IRDF is operated under contract with ICE by a “private corporation,” 25 Management and Training Corporation (“MTC”), and that the perpetrators of the intentional torts were “private facility operators” (see, e.g., Compl. ¶ 1) does not appear to render FTCA’s law enforcement 26 proviso inapplicable here.
discussed Cited "see, e.g." Vining v. Commonwealth
Mass. App. Ct. · 2005 · signal: see, e.g. · confidence medium
See e.g., Chapa v. United States Dept. of Justice, 339 F.3d 388, 390 (5th Cir. 2003) ([Bureau of Prisons] officers); Hatten v. White, 275 F.3d 1208, 1210 (10th Cir. 2002) ([Bureau of Prisons] officers); Halverson v. United States, 972 F.2d 654, 656 (5th Cir. 1992) (Border Patrol officers); Cheney v. United States, 972 F.2d 247, 248 (8th Cir. 1992) (drug task force agents); Schrob v. Catterson, 948 F. 2d 1402 , 1420 n. 16 (3d Cir. 1991) ([Drug Enforcement Administration] agents); Schlaebitz v. United States Dep’t of Justice, 924 F.2d 193 , 195 (11th Cir. 1991) (U.S. Marshals); Ysasi v. Rivkin…
Retrieving the full opinion text from the archive…
Arnulfo CHAPA, Plaintiff-Appellant,
v.
UNITED STATES DEPARTMENT OF JUSTICE; Et Al., Defendants, United States of America, Defendant-Appellee
02-30931.
Court of Appeals for the Fifth Circuit.
Aug 5, 2003.
339 F.3d 388
Arnulfo Chapa, Beaumont, TX, pro se., Thomas Burton Thompson, Asst. U.S. Atty., Lafayette, LA, for DefendanU-Ap-pellee.
Dennis, Jones, Per Curiam, Stewart.
Cited by 46 opinions  |  Published
PER CURIAM:

Arnulfo Chapa, a federal prisoner, filed a suit under the Federal Tort Claims Act (“FTCA”) alleging that he had tendered two boxes of personal items to employees of the Bureau of Prisons (“BOP”) prior to being transferred from one correctional facility to another, but that only one box of his belongings was given to him at the new facility. By bringing his suit, Chapa sought to recover damages for the loss of his personal property. Upon the Government’s motion under Fed.R.CivP. 12(b)(1), the district court dismissed Chapa’s suit for lack of subject matter jurisdiction. Chapa now appeals that dismissal.

In dismissing Chapa’s suit, the district court reasoned that Chapa’s claim was contained within an exception created by 28 U.S.C. § 2680(c) to the FTCA’s waiver of sovereign immunity. Under 28 U.S.C. § 2680(c), any claim arising from “the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer” is excluded from the FTCA’s broad waiver of sovereign immunity.

Chapa contends that, as a result of its settlement offer, the Government was barred from raising the sovereign immunity defense. This contention is without merit. Sovereign immunity implicates subject matter jurisdiction. See Broussard v. United States, 989 F.2d 171, 176 (5th Cir.1998). Thus, the issue is not waivable and the Government may raise it at any stage of the proceedings. See id.

We review de novo the issue whether a federal court has subject matter jurisdic[*390] tion. Price v. United States, 69 F.3d 46, 49 (5th Cir.1995). “Courts must strictly construe all waivers of the federal government’s sovereign immunity, [resolving] all ambiguities in favor of the sovereign.” Linkous v. United States, 142 F.3d 271, 275 (5th Cir.1998).

Chapa argues that his claim is not barred by 28 U.S.C. § 2680(c) because BOP employees are not law enforcement officers within the'meaning of the statute. This court has applied § 2680(c) to law enforcement officers other than customs or tax agents. In Halverson v. United States, 972 F.2d 654, 656 (5th Cir.1992), we held that 28 U.S.C. § 2680(c) bars claims arising from the detention of goods by any federal law enforcement officers in the performance of their lawful duties. Id. Other circuits have also broadly interpreted the term “law enforcement officer” in applying 28 U.S.C. § 2680(c). See Schlaebitz v. United States Dep’t of Justice, 924 F.2d 193, 194 (11th Cir.1991) (federal Marshals included); see also Ysasi v. Rivkind, 856 F.2d 1520, 1525 (Fed.Cir.1988) (INS border patrol agents included); Formula One Motors, Ltd. v. United States, 777 F.2d 822, 823 (2nd Cir.1985) (DEA agents included); United States v. 2,116 Boxes of Boned Beef, 726 F.2d 1481, 1490-91 (10th Cir.1984) (USDA inspectors included); United States v. Lockheed L-188 Aircraft, 656 F.2d 390, 397 (9th Cir.1979) (FAA employees included).

Although the term “law enforcement officer” is not defined in the text of 28 U.S.C. § 2680(c), that term is defined in 28 U.S.C. § 2680(h) as “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.” 28 U.S.C. § 2680(h). The Supreme Court has held that a victim of unlawful conduct, at the hands of BOP officials, would have a cause of action against the United States under 28 U.S.C. § 2680(h). See Carlson v. Green, 446 U.S. 14, 17, 20, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980). Thus, as defined in § 2680(h), a BOP official is a federal law enforcement officer. Although Carlson relied on 28 U.S.C. § 2680(h), and not on 28 U.S.C. § 2680(c), the two sections should be considered in pari materia, and the holding of Carlson is therefore instructive in construing the term “law enforcement officer” under 28 U.S.C. § 2680(c).

We also find instructive the fact that BOP employees are considered “law enforcement officers” in various other contexts. Congress has determined that BOP employees are “law enforcement officers” for purposes of eligibility for Civil Service premium pay, for retirement benefits, and for survivorship annuities. See 5 U.S.C. §§ 5541(3), 8331(20) and 8401(17)(D)(i). BOP employees are also “law enforcement officers” whose surviving spouses and minor children may claim eligibility for “Public Safety Officers’ Death Benefits.” See 42 U.S.C. § 3796(b)(5). Additionally, one who fatally injures a BOP employee, while the employee is engaged in his official duties, can be charged with the offense of killing a “law enforcement officer,” with the potential for a federal death penalty upon a finding of guilt. See 18 U.S.C. § 3592(c)(14)(D); 21 U.S.C. § 848(e)(2). Construing the FTCA’s waiver of sovereign immunity strictly, we hold that BOP employees are “law enforcement officers]” for purposes of 28 U.S.C. § 2680(c).

Chapa also argues that because the BOP’s process of inspection and inventory before shipping a prisoner’s property is not' a search, seizure, or arrest, his property was not “detained” within the meaning of 28 U.S.C. § 2680(c). As the Sixth Circuit noted in Kurinsky v. United States, 33 F.3d 594, 597 (6th Cir.1994), 28 U.S.C. § 2680(c) uses the word “detention,” which[*391] is generally associated with a period of temporary custody or delay, and not “seizure,” which is the act of taking possession of property, for example, by virtue of execution or for a violation of the law. Pursuant to the process of inspection and inventory, BOP officials took temporary custody of and detained Chapa’s property. Resolving, as we must, any ambiguity in favor of sovereign immunity, Linkous, 142 F.3d at 275, we hold that there was a detention for purposes of 28 U.S.C. § 2680.

The district court did not err in finding that Chapa’s claim was barred by 28 U.S.C. § 2680(c) and that it thus lacked subject matter jurisdiction over his suit. Accordingly, we affirm the district court’s dismissal of Chapa’s suit.

AFFIRMED.