Prisoner's Rights

Criminal Law Update

Ali v Federal Bureau of Prisons,552 US 214; 128 S Ct 831 (2008)(jan'08). Petitioner claimed to have lost property during a prison transfer. He filed suit under the Federal Tort Claims Act (FTCA).Although the act waives immunity for claims arising out of torts by federal employees, there is an exemption from the waiver for claims arising out of the detention of property by a law enforcement officer. The court, 5-4, broadly construed the language of the exemption to hold that the prison officials were protected by government immunity in this instance.