Hafen v. US Custom & Border Protection

Background

Felix A. Hafen, who was representing himself, brought an action under the court’s federal-question jurisdiction against US Custom & Border Protection. He alleged that a fully restored vehicle he shipped from Brazil was damaged during a customs inspection at the Port of Baltimore, Maryland. He sought monetary damages.

Legal framework

The court explained that sovereign immunity generally prevents lawsuits seeking money damages against the federal government, its agencies, and federal employees acting in their official capacities, unless the government has waived that immunity. Because US Custom & Border Protection is a federal agency, the court concluded that Hafen’s claims would otherwise be barred.

The court construed the claims as arising under the Federal Tort Claims Act, a federal law that provides a limited waiver of sovereign immunity for money damages resulting from tortious conduct by federal employees or agents acting within the scope of their employment.

Venue and ruling

The court held that venue was not proper in the Southern District of New York. Under the Federal Tort Claims Act’s venue rule, the action could be brought where the plaintiff resides or where the alleged act or omission occurred. Hafen resides in Centerport, New York, in Suffolk County, which is in the Eastern District of New York. The alleged vehicle damage occurred in Baltimore, Maryland, making the Northern District of Maryland another proper venue.

The court transferred the action to the U.S. District Court for the Eastern District of New York under 28 U.S.C. § 1406(a). The order closed the Southern District of New York case, stated that a summons would not issue from that court, and left any decision about allowing Hafen to proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.