U.S. v. Chambers
| Decision Date | 05 April 2000 |
| Docket Number | Criminal Action No. 94-585 NHP. |
| Citation | 92 F.Supp.2d 396 |
| Parties | UNITED STATES of America v. Ceverilo CHAMBERS |
| Court | New Jersey Supreme Court |
Perry A. Carbone, Assistant U.S. Attorney, Robert J. Cleary, United States Attorney, Newark, NJ, for plaintiff.
Mr. Ceverilo Chambers, Wakefield District, Thompsontown Post Office, Clarendon, Jamaica, West Indies, pro se.
Dear Litigants:
This matter initially came before the Court pursuant to a Remand Order issued by the United States Court of Appeals for the Third Circuit. See United States v. Chambers, 192 F.3d 374 (1999). In accordance with the Remand Order, this Court held a hearing on March 2, 2000. As a result of that hearing, the Government now seeks to dismiss the case. For the reasons stated herein, the motion by the Government to dismiss the case is GRANTED. Accordingly, this case is CLOSED.
On November 3, 1994, United States Customs inspectors conducting a routine border check in El Paso, Texas stopped a tractor-trailer and discovered 443 kilograms of marijuana and 35.87 kilograms of cocaine packed in boxes in the trailer. The driver told Drug Enforcement Administration (hereinafter "DEA") agents that the owner of the truck was Ceverilo Chambers (hereinafter "Chambers"), who had told him to drive the truck to New Jersey. The DEA agents drove the truck to New Jersey, and on November 7, 1994, supervised delivery of the truck to the appointed location, where Chambers was arrested as he unloaded the drugs. The DEA agents seized from him keys, a wallet, some papers, a 1993 Toyota Corolla and a 1987 Road Ranger tractor-trailer.
On February 28, 1995, Chambers pled guilty to drug related offenses and was sentenced to prison. After his conviction was affirmed and other criminal proceedings had ended, Chambers filed a motion pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure for return of the property seized by the DEA agents from him when he was arrested. The United States opposed the motion, arguing that it was moot because the United States no longer possessed the property in question.1
On July 23, 1997, this Court denied Chambers' motion, finding that the 1987 Road Ranger had been forfeited, the 1993 Toyota Corolla had been released to a repossession company, the papers had been destroyed, and that the keys and wallet had been returned to Chambers' girlfriend, at his request. As a result, Chambers filed an appeal.
The United States Court of Appeals for the Third Circuit vacated the Order by this Court denying the motion by Chambers for the return of his property and remanded for further proceedings to determine whether the United States' disposition of Chambers' property was proper, and what remedy he would have against the United States if the disposition were not proper.2
In accordance with the Circuit Court's Remand Order, this Court scheduled a hearing for March 2, 2000. Chambers did not attend. In fact, Chambers did not respond in any way to the Court's notice, which was sent to the address provided by the Clerk's Office for the United States Court of Appeals for the Third Circuit. The United States submitted an affidavit attaching documents, which has not been contested. The United States now seeks dismissal of this case.
As a threshold matter, the United States Court of Appeals for the Third Circuit held that a district court has subject matter jurisdiction to entertain a Rule 41(e) motion filed after the termination of criminal proceedings. Chambers, 192 F.3d at 376. Such a motion "is treated as a civil proceeding for equitable relief." Id.
The Court of Appeals in this case instructed this Court as follows. First, the Court of Appeals provided that, if the Government asserts that it no longer has the property sought, this Court "must determine, in fact, whether the government retains possession of the property." United States v. Chambers, 192 F.3d 374, 378 (1999). If the Court determines that the Government no longer possessed the property, the Court "must determine what happened to the property." Id.
The United States has submitted an affidavit authored by Joseph Klimek, Special Agent with the DEA, attaching documents detailing that the property is no longer in its possession. Based on the affidavit and documents proffered by the Government, which have not been disputed by Chambers, this Court finds that the Government has met its burden to demonstrate that the 1987 Road Ranger has been forfeited, the 1993 Toyota has been released to a repossession company, the keys and wallet have been returned to Chambers' girlfriend, and the papers have been destroyed.3
Second, the Court of Appeals found that this Court "should have taken evidence to determine whether the Government properly disposed of [Chambers'] property." Chambers, 192 F.3d at 375. Based on the undisputed affidavit and documents referenced above, the Court finds that the Government has properly disposed of the property. Notably, Chambers has shown nothing to indicate to the contrary.
Finally, the Court of Appeals instructed that, if this Court concluded that the Government's actions with regard to the 1993 Toyota or to his papers "were not proper," this Court must "determine what remedies are available." Chambers, 192 F.3d at 378. Although, as set forth above, there has been no impropriety, the Court finds that the unusual circumstances of this case — particularly the movant's non-appearance —make it prudent to address the issue at this juncture.
Assuming arguendo that the Government's actions were not proper and, accordingly, this Court had to delve into the issue of "remedies," it is significant to note that the movant, defendant Chambers, sought only one remedy — the return of his property. The Government cannot return the property, however, because it is no longer in the Government's possession. Neither Chambers nor the Third Circuit has suggested any other remedies. The Third Circuit has simply stated that a Rule 41(e) motion, filed after the termination of criminal proceedings, "is treated as a civil proceeding for equitable relief." Chambers, 192 F.3d at 376.
Despite the designation of this proceeding as an equitable one, some courts have suggested that a court under Rule 41(e) "has power to award damages incident to the complaint." United States v. Martinson, 809 F.2d 1364, 1367-68 (9th Cir.1987); United States v. Kanasco, Ltd., 123 F.3d 209, 210 n. 1 (4th Cir.1997); Mora v. United States, 955 F.2d 156, 159-60 (2d Cir. 1992).4 Other courts have disagreed. See Pena v. United States, 157 F.3d 984, 986 (5th Cir.1998); United States v. Proca, 535 F.Supp. 1343, 1345 (N.D.Cal.1982), aff'd, 735 F.2d 1374 (9th Cir.1984); United States v. Thrush, 79 F.R.D. 234, 235 n. 1 (M.D.Pa.1978); Mayo v. United States, 425 F.Supp. 119, 122 (E.D.Ill.1977).
As the Fifth Circuit explained in Pena, the courts which have suggested that money damages are available under Rule 41(e) have ignored the principle of sovereign immunity:
The principle of sovereign immunity protects the federal government from suit except insofar as that immunity is waived. A waiver must be unequivocably expressed in statutory text and will not be implied. See Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092, 2096, 135 L.Ed.2d 486 (1996) (citations omitted). Rule 41(e) makes no provision for monetary damages, and we will not read into the statute a waiver of the federal government's immunity from such damages.... [Defendants] may not maintain a suit against the United States for monetary damages under Rule 41(e).
Pena, 157 F.3d at 986. This Court agrees.
It is a fundamental principle of sovereign immunity that federal courts have no jurisdiction over suits against the United States unless Congress, via a statute, expressly and unequivocally waives the United States' immunity to suit. See United States v. Mitchell, 463 U.S. 206, 212, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983). Moreover, when the Government does consent to be sued, "the terms of [the] waiver of sovereign immunity define the extent of the court's jurisdiction." United States v. Mottaz, 476 U.S. 834, 841, 106 S.Ct. 2224, 90 L.Ed.2d 841 (1986) (citation omitted). As the Fifth Circuit in Pena noted, "[n]umerous Supreme Court decisions hold that courts should construe statutes against waiver [of sovereign immunity] unless Congress has explicitly provided for it." Pena, 157 F.3d at 986 (citations omitted). "[W]aivers of the Government's sovereign immunity, to be effective, must be `unequivocably expressed,'" and any such waiver must be strictly construed in favor of the sovereign. United States v. Nordic Village, Inc., 503 U.S. 30, 33-34, 112 S.Ct. 1011, 117 L.Ed.2d 181 (1992) (citations omitted).
Outside the context of an action to enforce a contractual right, and absent a specific statute which supplies a cause of action against the United States, the two avenues available to satisfy a claim against the United States for negligent disposition of property are the Administrative Procedures Act ("APA") and, for breaches of common law tort duties, the Federal Tort Claims Act ("FTCA").5 In this case, however, the waivers of sovereign immunity supplied by those statutes do not apply to this matter.
By declaring that a claim seeking judicial review of agency action shall not "be dismissed nor relief therein be denied on the ground that it is against the United States," the 1976 amendment to the APA effected a limited waiver of sovereign immunity. Bowen v. Massachusetts, 487 U.S. 879, 891-92, 108 S.Ct. 2722, 101 L.Ed.2d 749 (1988). That waiver, however, extends only to claims seeking relief "other than money damages." 5 U.S.C. § 702 (emphasis added). Because monetary relief in lieu of the return of Chambers' property would constitute "money damages," Chambers' motion for return of his property would have to be dismissed.
The distinction between "money damages" and "an equitable action for...
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