Bigbee v. U.S.U.S. District Court CONFISCATION confiscation In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g. Bigbee v. U.S., 359 F.Supp.2d 806 (W.D. Wis. 2005). A federal inmate brought a Bivens action alleging that a correctional officer wrongfully confiscated and destroyed his personal property. The court held that the inmate stated a claim under the Federal Tort Claims Act Enacted in 1946 the Federal Tort Claims Act (FTCA) (60 Stat. 842) removed the inherent Immunity of the federal government from most tort actions brought against it and established the conditions for the commencement of such suits. (FTCA FTCA Federal Tort Claims Act FTCA Federal Trade Commission Act FTCA French Central Technical Armament Establishment ) but that the destruction of items before the inmate had a chance to establish ownership did not violate due process. The court found that the inmate did not have a cause of action for money damages. The court held that federal Bureau of Prisons Noun 1. Federal Bureau of Prisons - the law enforcement agency of the Justice Department that operates a nationwide system of prisons and detention facilities to incarcerate inmates sentenced to imprisonment for federal crimes BoP regulations for handling items seized as contraband did not give the inmate a protected interest, where the items were seized from the prison's machine shop, rather than the inmate's cell. (Federal Correctional Institution, Oxford, Wisconsin) |
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