United States Sixth Circuit

In an action filed under Bivens against federal agents involved in a search of a warehouse and a seizure of weapons owned by plaintiff, a judgment for defendants is affirmed where no constitutional violation occurred under the circumstances, and, even if the search had violated the Fourth Amendment, it did not violate "clearly established" constitutional law, and defendants were entitled to qualified immunity.

Appellate Information

• Decided 07/03/2006
• Published 07/05/2006

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, SUTTON, COOK, McKEAGUE, GRIFFIN, and NEILSON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard E. Gardiner, Fairfax, Virginia, Saeid Shafizadeh, Louisville, Kentucky, for Appellants.  Howard S. Scher, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Richard E. Gardiner, Fairfax, Virginia, Saeid Shafizadeh, Louisville, Kentucky, for Appellants.  Howard S. Scher, Barbara L. Herwig, United States Department of Justice, Washington, D.C., for Appellees.