United States Fourth Circuit

In plaintiff's Bivens action against an FBI agent and others arising from her extradition to South Korea for the murder of a fellow exchange student which resulted in an acquittal, district court's denial of qualified immunity for defendant on a Fourth Amendment claim for malicious prosecution is reversed and remanded as the FBI agent is entitled to qualified immunity where plaintiff has not alleged a violation of her constitutional right to be free from malicious prosecution in the United States.

Appellate Information

• Decided 10/06/2009
• Published 10/06/2009

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and FREDERICK P. STAMP, JR., Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Catherine Yvonne Hancock, United States Department of Justice, Washington, D.C., for Appellant.  J. Samuel Tenenbaum, Northwestern University School of Law, Chicago, Illinois, for Appellee.   ON BRIEF:  Gregory G. Katsas, Assistant Attorney General, United States Department of Justice, Washington, D.C., Charles T. Miller, United States Attorney, Charles ton, West Virginia, Barbara L. Herwig, Joshua Waldman, United States Department of Justice, Washington, D.C., for Appellant.  Fletcher B. Brown, Christopher C. Colon, Jamie L. Owen, Senior Law Students, Northwest Ern University School of Law, Chicago, Illinois;  Deirdre H. Purdy, Chloe, West Virginia, for Appellee.