## Facts

- Joseph A. Kosak, a servicemember, assembled a collection of oriental art while stationed in Guam and shipped it to Philadelphia with his household goods.
- U.S. Customs officials suspected Kosak of smuggling and seized the collection.
- Kosak was acquitted of the smuggling charge, and the art was returned following relief from civil forfeiture.
- Kosak alleged the art was damaged while held by the Customs Service and sought compensation through an administrative claim.
- After the agency denied relief, Kosak sued the United States under the Federal Tort Claims Act (FTCA), seeking damages for injury to his property allegedly caused by negligent handling or storage during the detention.

## Issues

1. Whether 28 U.S.C. § 2680(c), excluding from the FTCA “any claim arising in respect of the detention of any goods or merchandise by any officer of customs,” bars claims for property damage caused by negligent handling or storage while Customs detains goods.

## Decision

- The Supreme Court affirmed the dismissal of Kosak’s FTCA suit.
- The Court held that § 2680(c) bars FTCA claims for injury to property sustained while Customs temporarily detains goods, including injuries alleged to result from negligent handling or storage.
- The Court read “arising in respect of” to mean “arising out of” the detention, not merely damage caused by the act of detention itself.

## Legal Principles

- The FTCA’s waiver of sovereign immunity does not apply to “any claim arising in respect of the detention of any goods or merchandise by any officer of customs” under 28 U.S.C. § 2680(c).
- A claim “arising in respect of” customs detention includes claims for consequential damage occurring during detention, including damage allegedly caused by negligent handling or storage of detained property.
- Differences between § 2680(c) and other FTCA exceptions (including the postal exception in § 2680(b)) do not require a narrow reading of § 2680(c)’s text.
- Legislative history supports construing FTCA exceptions to avoid disrupting certain governmental functions and to limit exposure to excessive or fraudulent claims, including in the customs-detention context.

## Conclusion

The Court held that § 2680(c) broadly excludes FTCA liability for claims connected to customs detention of goods, including claims alleging negligent damage to property while it is held by Customs, thereby preserving sovereign immunity for such detention-related injuries.


Kosak v. United States, 465 U.S. 848 (1984)