United States Ninth Circuit

In an action under the Federal Tort Claims Act (FTCA), 28 U.S.C.sections 2671-2680, alleging that agents from the US Drug Enforcement Administration (DEA) committed the torts of assault and battery and intentional infliction of emotional distress when they executed a search warrant at the plaintiffs' mobile home, summary judgment in favor of the government is: 1) affirmed in part, where DEA agents used reasonable force against the adult members of the plaintiffs' family; but 2) reversed in part, where there is a genuine issue of material fact regarding whether DEA agents used reasonable force against eleven-year-old and fourteen-year-old plaintiffs.

Appellate Information

• Decided 06/12/2012
• Published 06/12/2012

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel