D. Vermont Notes Split Re Whether BOP Officials are Law Enforcement Officials Under Federal Tort Claims Act

Per Carter v. U.S., Slip Copy, 2007 WL 2439500 (D.Vt . Aug 23, 2007) (NO. 106-CV-225):

The second question is whether BOP officials are law enforcement officers under § 2680(c). While some circuits have held that § 2860(c) extends to all detentions by law enforcement officers, see Chapa, 339 F.3d at 390; Bramwell v. Bureau of Prisons, 348 F.3d 804, 807 (9th Cir.2003); Hatten v. White, 275 F.3d 1208, 1210 (10th Cir.2002); Schlaebitz v. Dep' of Justice, 924 F.2d 193, 195 (11th Cir.1991); Ysasi v. Rivkind, 856 F.2d 1520, 1525 (Fed.Cir.1988), others have limited the exception to the tax and customs contexts, see Kurinsky v. United States, 33 F.3d 594, 598 (6th Cir.1994), cert. denied, 514 U.S. 1082 (1995) ; Bazuaye v. United States, 83 F.3d 482, 486 (D.C.Cir.1996). In a recently-filed notice of supplemental authority, the government has notified the Court that the United States Supreme Court will be addressing this circuit split in the near future.


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