First Circuit: Paret-Ruiz v. US

Forfeiture, Takings

The statutory remedy is the sole remedy for challenging a civil forfeiture, even when the underlying criminal case doesn't result in conviction.  Waiver of that process waives FTCA remedy.

Court of Claim is sole venue for a Constitutional claim based in the taking -- amount in question here prevents court from having jurisdiction.

No clear error in denial of malicious prosecution clam, as evidence in record supports fact-finder's determination that one of the agents believed the deft to be guilty/


Paret-Ruiz v. US