On-Site Screening, Inc. v. U.S.A.

Dist. Ct. did not err in granting defendant-govt.'s motion for summary judgment in FTCA action alleging that govt. negligently destroyed plaintiff's blood and saliva specimens that had been seized by special agent of Food and Drug Administration. Plaintiff's lawsuit was covered by exception to FTCA's waiver of sovereign immunity set forth in section 2680(c), which included in exception "any claim arising with respect of the detention of ...property by" law enforcement officers, where record showed that special agent seized specimens for criminal investigation. Fact that govt. did not initially assert sovereign immunity as defense when plaintiff presented its administrative claim did not constitute waiver of defense since executive branch cannot waive sovereign immunity.