Marlon Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804 (9th Cir. 2003). · Go Syfert
Marlon Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804 (9th Cir. 2003). Cases Citing This Book View Copy Cite
61 citation events (61 in the last 25 years) across 17 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
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At page 806 Determining scope of property detention exception under FTCA23 citing casesinterpreting " § 2680(c) expansively to include federal law enforcement officers beyond those who assess taxes or collect customs duties1 citing court put it this way · 20 listed here
  • Cole, No. 2:25-cv-01989 (D. Ariz. Apr. 3, 2026).
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 24 2003).
  • Ctr. for Biological Diversity v. United States Forest Serv., 746 F. Supp. 3d 749 (D. Ariz. 2024).published
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 2003). 21 Accordingly, unless the United States consents to be sued, the Court lacks subject matter 22 jurisdiction over claims against the federal government.
  • Ctr. for Biological Diversity v. United States Forest Serv., No. 2:23-cv-00715, 2023 WL 7166544 (D. Ariz. Oct. 31, 2023).
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 25 2003).
  • Zhang v. United States of Am., No. 2:19-cv-01211 (W.D. Wash. Jan. 29, 2021).
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 2003).
  • Bryant Wilson v. United States, 834 F. App'x 418 (9th Cir. 2021).unpublished
    Prisons, 348 F.3d 804, 806 (9th Cir. 2003).
  • Zhang v. United States of Am., No. 2:19-cv-01211 (W.D. Wash. May 4, 2020).
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 2003).
  • Neal Allen Panschow v. Juan Murillo, No. 5:19-cv-02446, 2020 WL 292182 (C.D. Cal. Jan. 17, 2020).
    Bureau of Prisons, 552 U.S. 214, 216, 228 (2008)(holding that 3 the 28 U.S.C. § 2680 (c) exception applies to all law enforcement officers, including 4 BOP officers); Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806-08 (9th Cir. 5 200…
  • Bart Kimber v. Ray Mabus, 627 F. App'x 666 (9th Cir. 2015).unpublished
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
  • Harger v. Dep't of Labor, 569 F.3d 898 (9th Cir. 2009).published 2 cites
    Montana v. Goldin (In re Pegasus Gold Corp.), 394 F.3d 1189, 1193 (9th Cir.2005); Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
  • Opal Harger v. Dep't of Labor, 560 F.3d 1071 (9th Cir. 2009).published
    Montana v. Goldin (In re Pegasus Gold Corp.), 394 F.3d 1189, 1193 (9th Cir.2005); Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
Show 10 more citing cases
  • Anton Vacek v. United States Postal Serv. United States, 447 F.3d 1248 (9th Cir. 2006).published 3 cites
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
  • Andrews v. United States, No. 04-7269 (4th Cir. Mar. 31, 2006).published 3 cites
    UNITED STATES 13 390 (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) (BO…
  • Anthony Andrews v. United States, 441 F.3d 220 (4th Cir. 2006).published 6 cites
    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.…
  • Autery v. United States, 424 F.3d 944 (9th Cir. 2005).published
    Bramwell v. United States Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
  • Vining v. Commonwealth, 828 N.E.2d 576 (Mass. App. Ct. 2005).published
    Cir. 1988) (Border Patrol officers); United States v. 2,116 Boxes of Boned Beef, 726 F.2d 1481 , 1491 (10th Cir. 1984) (USDA inspection agents).” Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir. 2003), cert. denied, 125 S. C…
  • Johnson v. United States, 132 F. App'x 715 (9th Cir. 2005).unpublished
    Bramwell v. U.S. Bureau of Prisons, 348 F.3d 804, 806 (9th Cir.2003).
  • Larkin v. Watts, 300 F. App'x 501 (9th Cir. 2008).unpublished
    See Bramwell v. United States Bureau of Prisons, 348 F.3d 804, 806-08 (9th Cir.2003).
  • Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008).published 2 cites
    See Bramwell v. Bureau of Prisons, 348 F. 3d 804, 806-807 (CA9 2003); Chapa v. United States Dept. of Justice, 339 F. 3d 388, 390 (CA5 2003) (per curiam); Hatten v. White, 275 F. 3d 1208, 1210 (CA10 2002); Cheney v. United States, 972 F. 2…
  • David S. Dahler v. United States & Fed. Bureau of Prisons, 473 F.3d 769 (7th Cir. 2007).published 2 cites
    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).
  • Kyei v. Beebe, 121 F. App'x 689 (9th Cir. 2005).unpublished
    (interpreting " § 2680(c) expansively to include federal law enforcement officers beyond those who assess taxes or collect customs duties)
At page 807 Determining if bop officers qualify as law enforcement officers9 citing casesBOP officers included2 citing courts put it this way
At page 808 Applying statutory exemption to deny motion to amend2 citing cases“c Because we find that the exemption under 28 U.S.C. § 2680(c) applies, the district court properly denied as futile Bramwell’s request to amend his complaint to substitute the United States for the BOP as the named defendant.”the opinion's own words at *808 · 1 listed here
  • Foster v. United States, 522 F.3d 1071 (9th Cir. 2008).published 2 cites
    The Court held that the FTCA “maintain[s] sovereign immunity for the entire universe of claims against law enforcement officers ... ‘arising in respect of the ‘detention’ of property.” Id. (emphasis added); accord Bramwell v. U.S. Bureau o…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Marlon BRAMWELL, Plaintiff-Appellant,
v.
U.S. BUREAU OF PRISONS, Defendant-Appellee
02-55516.
Court of Appeals for the Ninth Circuit.
Oct 27, 2003.
Published opinion
348 F.3d 804
2003 Cal. Daily Op. Serv. 9329
2003 U.S. App. LEXIS 21817
2003 WL 22429021
Daniel D. Wedemeyer, Wedemeyer & Prangley, Santa Ana, CA, for the plaintiff-appellant., Vince Farhat, Assistant United States Attorney, Los Angeles, CA, for the defendant-appellee.
Rymer, Tallman, Leighton.
Cited by 45 opinions  |  Published
TALLMAN, Circuit Judge.

We must decide whether the seizure and inadvertent destruction of an inmate’s property by correctional officers gives rise to a cause of action against the U.S. Bureau of Prisons (BOP) under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. We hold that the seizure in this case was a “detention” of goods by federal law enforcement officers under the exception to FTCA liability set forth in 28 U.S.C. § 2680(c). We affirm the district court’s ruling and join the majority of circuits that have similarly interpreted this subsection.

The district court dismissed federal prisoner Marlon Bramwell’s FTCA claim against the BOP for lack of subject matter jurisdiction. On appeal, Bramwell contends that: (1) the FTCA waives sovereign immunity for claims of property damage by BOP officers; (2) a “detention of goods” occurs only if officers knowingly and intentionally detain a person’s property; (3) the district court erred by denying his motion to amend his pleadings to substitute the United States as the defendant; and (4) the district court improperly denied his motion for reconsideration.

I

After Bramwell was moved to administrative segregation at a federal prison, BOP officers cleared out his property from his old cell and sent his overcoat to the prison laundry, unaware that a $290 pair of designer prescription eyeglasses remained[*806] in the coat pocket. When Bramwell learned that his eyeglasses had been damaged, and that the prison would not refund the full cost, he sued the BOP under the FTCA.

The district court dismissed Bramwell’s action on the ground that the United States had not waived its sovereign immunity under the FTCA’s “detention of goods” exception, 28 U.S.C. § 2680(c). The court denied as futile BramwelPs motion to amend his complaint to substitute the United States as the defendant and also denied his subsequent request for reconsideration. This appeal followed.

II

A

We review de novo the district court’s dismissal for lack of subject matter jurisdiction. Brady v. United States, 211 F.3d 499, 502 (9th Cir.2000).

The United States may not be sued unless the government has waived its sovereign immunity. Balser v. Dep’t of Justice, 327 F.3d 903, 907 (9th Cir.2003) (citing Dep’t of Army v. Blue Fox, Inc., 525 U.S. 255, 260, 119 S.Ct. 687, 142 L.Ed.2d 718 (1999)). The FTCA is such a waiver, and it grants subject matter jurisdiction to federal courts for claims that arise from certain tortious conduct by government employees. See 28 U.S.C. § 1346(b)(1).

However, the FTCA’s broad waiver of sovereign immunity is subject to thirteen specific exceptions. See 28 U.S.C. §§ 2680(a)-(n). The district court found that its jurisdiction over Bramwell’s suit was barred by the “detention of goods” exception, which retains the government’s immunity from “[a]ny claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer.” See 28 U.S.C. § 2680(c) (emphasis added).

The U.S. Supreme Court has not determined whether “other law enforcement officers” under § 2680(c) include BOP personnel. See Kosak v. United States, 465 U.S. 848, 852 n. 6, 104 S.Ct. 1519, 79 L.Ed.2d 860 (1984). There is currently a split of authority among federal circuit courts of appeals regarding who is covered. The majority of our sister circuits read § 2680(c) expansively to include federal law enforcement officers beyond those who assess taxes or collect customs duties. See, e.g., Chapa v. United States Dep’t of Justice, 339 F.3d 388, 390 (5th Cir.2003) (BOP officers); Hatten v. White, 275 F.3d 1208, 1210 (10th Cir.2002) (BOP 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) (DEA agents); Schlaebitz v. United States Dep’t of Justice, 924 F.2d 193, 195 (11th Cir.1991) (U.S. Marshals); Ysasi v. Rivkind, 856 F.2d 1520, 1525 (Fed.Cir.1988) (Border Patrol officers); United States v. 2,116 Boxes of Boned Beef, 726 F.2d 1481, 1491 (10th Cir.1984) (USDA inspection agents). The minority view, espoused by the Sixth, Seventh, and D.C. Circuits, applies § 2680(c) narrowly to include only federal officers engaged in tax or customs duties. See Ortloff v. United States, 335 F.3d 652, 660 (7th Cir.2003) (BOP officers not included); Bazuaye v. United States, 83 F.3d 482, 486 (D.C.Cir.1996) (postal inspectors not included); Kurinsky v. United States, 33 F.3d 594, 598 (6th Cir.1994) (FBI agents not included).

Our circuit has previously endorsed the broader interpretation of § 2680(c), and we have extended this exception to law enforcement officers other than those en[*807] gaged in tax or customs-related duties. In United States v. Lockheed L-188 Aircraft, we held that FAA agents were “other law enforcement officer[s.]” 656 F.2d 390, 397 (9th Cir.1979).

We are also persuaded by the Fifth Circuit’s reasoning in Chapa v. United States Dep’t of Justice, in which the court held that BOP officers fell within the 28 U.S.C. § 2680(e) exception. 339 F.3d at 390. The Chapa court noted that although the phrase “law enforcement officer” is not defined in § 2680(c), it is defined in one of the other thirteen exceptions to the FTCA. Id; see 28 U.S.C. § 2680(h) (describing a “law enforcement officer” 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.”). The U.S. Supreme Court has specifically held that intentional misconduct by BOP officers gives rise to a cause of action under § 2680(h). Carlson v. Green, 446 U.S. 14, 20, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980). Because the phrase “law enforcement officer” appears in neighboring subsections (c) and (h), the phrase should be construed similarly in cases arising under both exceptions. See U.S. West Comm. v. Hamilton, 224 F.3d 1049, 1053 (9th Cir.2000) (citing Erlenbaugh v. United States, 409 U.S. 239, 244, 93 S.Ct. 477, 34 L.Ed.2d 446 (1972) (holding that words in different sections of the same statute should be similarly construed under the canon of in pari materia)).

We are also persuaded by the fact that BOP officers are considered “law enforcement officers” under several other statutes. See Chapa, 339 F.3d at 390. BOP employees are “law enforcement officers” under 5 U.S.C. §§ 5541(3), 8331(20) and 8401(17)(D)(i) (civil service benefits eligibility); 42 U.S.C. § 3796b(6) (public safety officers’ death benefits); and 18 U.S.C. § 3592(c)(14)(D) and 21 U.S.C. § 848(e)(2) (authorizing the federal death penalty for killing a “law enforcement officer”).

Therefore, consistent with the more expansive view of our circuit and most other circuits who have opined on the issue, we hold that BOP officers are “law enforcement officers” exempt from FTCA liability for damage to detained goods under 28 U.S.C. § 2680(c).

B

Bramwell also argues that the BOP officers did not “detain” his property within the meaning of § 2680(c) because they were not aware that his eyeglasses were in their possession. Bramwell contends that a “detention” occurs only when officers knowingly and intentionally take control of a person’s property.

However, in Kosak v. United States the Supreme Court broadly construed 28 U.S.C. § 2680(c) to include negligent as well as intentional conduct by government employees. The Kosak Court held that claims “arising in respect of ... the detention of any goods, merchandise, or other property” included those claims arising out of negligent handling or storage by federal officials. 465 U.S. at 854, 862, 104 S.Ct. 1519. Neither 28 U.S.C. § 2680(c) nor Kosak require any specific intent or knowledge on the part of federal law enforcement officers.

In this case, it is clear that the BOP officers intended to detain Bramwell’s overcoat and his other personal belongings until such time as they would be returned to him, and that Bramwell’s eyeglasses were damaged as a result of the negligent handling and storage of these belongings. We see no ambiguity in the term “detention” as Bramwell insists. We conclude that the BOP officers “detained” Bramwell’s eyeglasses under 28 U.S.C. § 2680(c).

[*808] c

Because we find that the exemption under 28 U.S.C. § 2680(c) applies, the district court properly denied as futile Bramwell’s request to amend his complaint to substitute the United States for the BOP as the named defendant. See Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir.1995) (noting that futility of a proposed amendment can justify denial of a motion to amend). Bramwell’s requested amendment would have been futile because his claim would still be barred by 28 U.S.C. § 2680(c) even if the United States was the defendant. See Thomas-Lazear v. FBI, 851 F.2d 1202, 1206-07 (9th Cir.1988) (upholding a district court’s decision to deny adding the United States as a defendant because plaintiffs claim was barred by an exception to the FTCA).

D

Because Bramwell’s claim falls within the 28 U.S.C. § 2680(c) exception and his motion to substitute defendants was futile, the district court did not abuse its discretion by denying Bramwell’s motion for reconsideration. See Sch. Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir.1993) (citation omitted).

Ill

The BOP officers’ actions fall within an exception to the government’s waiver of sovereign immunity under the FTCA, because they are “law enforcement officers” under 28 U.S.C. § 2680(c) and the alleged negligence resulting in damage occurred while Bramwell’s personal property was detained. The district court properly dismissed Bramwell’s complaint for lack of subject matter jurisdiction.

AFFIRMED.