Schaller Telephone v. Golden Sky Systems

1 The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Jonathon G. Lebedoff, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-1573
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George Nwizuzu, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 17, 2002
Filed: July 23, 2002
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Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit
Judges.
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PER CURIAM.
Federal prisoner George Nwizuzu appeals the district court’s 1 dismissal of his
Federal Tort Claims Act (FTCA) suit. We affirm.

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Nwizuzu claimed that while a federal corrections officer was packing his
property, the officer negligently failed to document and thus caused the loss of a pair
of Nwizuzu’s work boots. We conclude that the alleged conduct would fall under the
28 U.S.C. § 2680(c) exception to the FTCA waiver of sovereign immunity because
it arose out of the detention of Nwizuzu’s property before he was placed in
administrative segregation. See Kosak v. United States, 465 U.S. 848, 854 (1984).
The judgment is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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