MORA v. U.S.

No. 318, Docket 91-2225.

955 F.2d 156 (1992)

Luis MORA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 22, 1992.


Attorney(s) appearing for the Case

Luis Mora, pro se.

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Jason Brown, Eric Corngold, Asst. U.S. Attys., of counsel), for appellee.

Before KAUFMAN, CARDAMONE and MINER, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal asks what happens when personal property taken from an arrested person by the government turns out to be missing. Perhaps taking the adage that "no one can lose that which he never had" the government turns it into "no one can return that which he has lost," and argues that it cannot therefore be called upon to return the prisoner's property. Of course, what is lost is gone, but that circumstance does not answer the question of...

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