On-Site Screening, Inc. v. United States
2012 U.S. App. LEXIS 15301
7th Cir.2012Background
- On-Site sought to develop a rapid, self-administered HIV test using blood and saliva samples.
- FDA personnel detained and stored HIV-positive specimens found at a Bedford Park facility.
- Ellis, an FDA special agent, investigated, removed the specimens, and stored them in an Illinois lab freezer.
- Investigation began in Oct 2004; no prosecution or civil action pursued; investigation closed years later.
- The freezer failed before disposition; On-Site’s specimens were destroyed.
- On-Site asserted FTCA claims (bailment, negligence, internal rules) and sought removal of sovereign immunity defenses via amendment; district court granted summary judgment invoking the detention-of-property exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FTCA §2680(c) applies to On-Site’s claims | On-Site argues detention by a law enforcement officer fits §2680(c)(1) | United States contends Ellis detained property in a law enforcement context, triggering the exemption | Yes; the detention exception applies |
| Whether Ellis detained the specimens in the ordinary sense | On-Site disputes the detention characterization | Government presents evidence of detention for criminal investigation, not for forfeiture | Detention satisfied in ordinary meaning; within §2680(c) |
| Whether amendment to add FTCA claims would be futile | Amendment would fit FTCA but not outside detention exception | Amendment futile as claims remain within detention exception | Amendment denied as futile |
| Whether government properly asserted sovereign immunity | Argues government should not raise immunity after administrative denial | Executive immunity can be raised; FTCA does not require pleading theories in admin process | Sovereign immunity properly raised; defense preserved |
| Whether Tucker Act remedy or transfer was appropriate | Seeks Tucker Act remedy and transfer to Court of Federal Claims | No plausible Tucker Act claim cited and no transfer needed | No Tucker Act remedy; no transfer warranted |
Key Cases Cited
- Kosak v. United States, 465 U.S. 848 (1984) (defines broad detention concept under §2680(c))
- Ali v. Bureau of Prisons, 552 U.S. 214 (2008) (recognizes expansive interpretation of ‘any’ in detention exception)
- United States v. Shaw, 309 U.S. 495 (1940) (sovereign immunity waived only by statutory consent)
- Parrott v. United States, 536 F.3d 629 (7th Cir. 2008) (discusses detention standard for FTCA claims)
- Johnson v. Cambridge Indus., Inc., 325 F.3d 892 (7th Cir. 2003) (summary judgment threshold; admissible evidence requirement)
- Ryerson Inc. v. Federal Ins. Co., 676 F.3d 610 (7th Cir. 2012) (futility standard for denying leave to amend)