United States First Circuit
Solis-Alarcon v. US, 09–2406
In an appeal from a judgment of the district court dismissing plaintiffs' Bivens and Federal Tort Claims Act (FTCA) complaint alleging Fourth Amendment violations, judgment is affirmed where the DEA agents who conducted a warrantless search of plaintiffs' home were protected by qualified immunity and because the district court correctly dismissed plaintiffs' FTCA claim where the Bivens analysis negated the fault element required for tort recovery.
Appellate Information
- Decided 11/23/2011
- Published 11/23/2011
Judges
- BOUDIN, Before BOUDIN, SELYA and LIPEZ, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Luis A. Meléndez–Albizu and Law Offices of Luis A. Meléndez–Albizu on brief for appellants.
- For Appellees:
- Tony West, Assistant Attorney General, Rosa E. Rodriguez–Velez, United States Attorney, Barbara L. Herwig and Edward Himmelfarb, Appellate Staff, Civil Division, Department of Justice, on brief for appellees.