- Ali v. Federal Bureau of Prisons
Infobox SCOTUS case
Litigants=Ali v. Federal Bureau of Prisons
ArgueDate=October 29
ArgueYear=2007
DecideDate=January 22
DecideYear=2008
FullName=Abdus-Shahid M. S. Ali, Petitioner v. Federal Bureau of Prisons et al.
Docket=06-9130
USVol=
USPage=
CitationNew=552 U.S. ___
Prior=
Subsequent=
Holding= The United States cannot be sued for failing to return property when the loss is caused by any law enforcement officer.
SCOTUS=2007
Majority=Thomas
JoinMajority=Roberts, Scalia, Ginsburg, Alito
Dissent=Kennedy
JoinDissent=Stevens, Souter, Breyer
Dissent2=Breyer
JoinDissent2=Stevens
LawsApplied="Ali v. Federal Bureau of Prisons", 552 U.S. ___ (2008) was a
United States Supreme Court case, upholding the United States'ssovereign immunity againsttort claims brought when "anylaw enforcement officer " loses a person'sproperty .Abdus-Shahid M. S. Ali, a
federal prison er inAtlanta, Georgia , was transferred to a prison inInez, Kentucky . His personal property, packed into twoduffel bag s, was shipped separately. Upon inspecting his property after arrival at the new prison, he said that $177 worth of property was missing from the bags. Ali filed an administrative claim; relief was denied because Ali had signed a receipt form. Ali filed alawsuit against theFederal Bureau of Prisons .The case turned on the
grammar of part of theFederal Tort Claims Act (FTCA), a 1946 law that waivessovereign immunity in some cases so that the federal government may be sued for certain torts. The FTCA states that the waiver of immunity does not apply to claims arising from the detention of property by "any officer ofcustoms orexcise or any other law enforcement officer." Ali argued that this text had been intended to encompass only law enforcement officers concerned with customs or excise laws. The Bureau of Prisons argued that the word "any" should be interpreted broadly.The Supreme Court ruled against Ali in a 5-4 decision. Justice
Clarence Thomas wrote, "The phrase "'any" other law enforcement officer' suggests a broad meaning," and compared the phrasing to the phrasing of other laws, with and without the word "any."In the dissent, Justice
Anthony Kennedy wrote that the majority was using "wooden reliance" on the single word "any" without considering the rest of the paragraph of the FTCA, and added, "If Congress had intended to give sweeping immunity to all federal law enforcement officials from liability for the detention of property, it would not have dropped this phrase onto the end of the statutory clause so as to appear there as something of an afterthought."
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