Oswaldo Tobar v. United States

Patrolling in international waters, the United States Coast Guard suspected the crew of an Ecuadorian fishing boat of illicit activities. With the authorization of Ecuadorian authorities, the Coast Guard boarded the boat, searched for drugs, and towed the boat to Ecuador. The Ecuadorian crew, who are Plaintiffs here, allege that agents of Defendant United States harmed Plaintiffs and their property in violation of the Federal Tort Claims Act (“FTCA”), the Suits in Admiralty Act (“SAA”), and the Public Vessels Act (“PVA”). The district court held that the government had not waived its sovereign immunity, and it dismissed the case. In an earlier appeal, we affirmed in part, vacated in part, and remanded for further proceedings. Tobar v. United States, 639 F.3d 1191 (9th Cir.2011). In particular, we remanded for the district court to accept further evidence and briefing on the issue whether reciprocity with Ecuador exists — a statutory condition under 46 U.S.C. § 31111 to the government’s waiver of sovereign immunity. Id. at 1200 .

On remand, the parties submitted, among other documents, affidavits by experts in Ecuadorian law. Unpersuaded that reciprocity exists, the…