UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20731
Summary Calendar
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WILBERT VALLIER,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA, ET AL.,
Defendants,
UNITED STATES OF AMERICA
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(CA-H-94-3646)
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February 27, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Wilbert Vallier, a federal prisoner, appeals pro se the
dismissal of his civil action. The district court concluded that
Vallier's claim was not one to which the Federal Tort Claims Act's
limited waiver of sovereign immunity applied.
Pursuant to our de novo review, we hold that Vallier's claim
(that correctional officers lost one of his tennis shoes) is
encompassed by an exception to the waiver of sovereign immunity
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
under the FTCA. Section 2680, which creates several exceptions to
that waiver, includes one for damages resulting from detention of
goods by law enforcement officers. See 28 U.S.C. §2680(c). This
exception leaves the United States' sovereign immunity intact with
regard to the claim, and thus the district court properly granted
the United States' motion to dismiss.
AFFIRMED.
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