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U-Series International Services, Ltd. v. United States

1995 U.S. Dist. LEXIS 16562 (1995)

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U-Series International Services, Ltd. v. United States

United States District Court for the Southern District of New York
1995 U.S. Dist. LEXIS 16562 (1995)

SC

Facts

The United States Drug Enforcement Agency (DEA) (defendant) seized electronics owned by U-Series International Services, Ltd. (U-Series) (plaintiff) because the DEA believed that U-Series was laundering money for drug traffickers. The DEA instituted forfeiture proceedings against U-Series, led by DEA agent William Snider (defendant). U-Series sued the DEA and Snider for violations of its Fourth and Fifth Amendment rights. Specifically, U-Series claimed that (1) the government’s forfeiture notice was inadequate in violation of U-Series’ due-process rights; (2) the seizure amounted to unlawful conversion, invoking the Federal Tort Claims Act (FTCA); and (3) Snider was individually liable for the alleged Fifth Amendment violation under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. U-Series did not seek money damages but only a return of the electronics. The DEA and Snider moved for summary judgment on all claims, asserting sovereign and qualified immunity.

Rule of Law

Issue

Holding and Reasoning (Mukasey, J.)

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