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202047P.pdf 04/02/2021 Carrie Willis v. United States
U.S. Court of Appeals Case No: 20-2047
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Arnold, Author, with Chief Judge Smith and Stras, Circuit
Judges]
Civil Case - Federal Tort Claims Act. After police seized a large number
of coins and passed them to an IRS agent, the agent deposited the coins
and later remitted the amount to Willis. Willis claimed the coins were
collectors' items and sued the government for conversion under the Federal
Tort Claims Act. The district court awarded Willis $94,880. The government
appeals. The agent's decision to deposit the coins for processing rather
than preserve them was a discretionary decision and the agent was not
required to first investigate whether the coins had collectors' value. The
agent's choice to treat the coins as ordinary currency was based on policy
considerations and thus the discretionary function exception applies and
the government has thus not waived its sovereign immunity.