2003 U.S. App. LEXIS 10856,*;330 F.3d 1186;
2003 Cal. Daily Op. Service 4562;2003 Daily Journal DAR 5874

JOSE AGUADO CERVANTES, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee.

No. 01-56929

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

330 F.3d 1186;2003 U.S. App. LEXIS 10856;2003 Cal. Daily Op. Service 4562;2003 Daily Journal DAR 5874



June 2, 2003, Filed


Although rare, on occasion, we see arguments that simply fail the straight-face test. The United States' assertion that the "detention of goods" exception to the sovereign immunity waiver under the Federal Tort Claims Act applies to its negligent failure to remove 119 pounds of marijuana hidden in a car it sold to Jose Aguado Cervantes, whom it later incarcerated for "transporting" those very drugs, is one. Although we agree with the district court that Cervantes cannot recover damages for false imprisonment or false arrest because the customs agents had reasonable cause [*2] to believe his arrest was lawful, the United States' defense to his negligence claim is patently without merit. We therefore affirm the district court's order dismissing Cervantes's false imprisonment and false arrest claims, and reinstate Cervantes's negligence claim.
C. Negligence

Cervantes's claim for negligence is an entirely different matter. We are compelled to note that the United States' assertion, as its sole defense, that this claim is barred by the "detention of goods" exception is so off-the-mark as to be embarrassing. n1