United States Ninth Circuit

In a Bivens action alleging, among other things, that Border Patrol agents violated plaintiffs' Fourth Amendment rights when they repeatedly stopped their shuttle service that made daily round trips between Sesabe, Arizona and Tucson, Arizona but never crossed the border with Mexico, the district court's judgment is: 1) reversed in part as to dismissal of complaint against one supervisory defendant, where to state a claim against supervising officers for causing their subordinates' purported violations of the Fourth Amendment, a complaint must allege facts that plausibly suggest that a reasonable supervisor would find it "clear" that the defendant's conduct was "unlawful in the situation he confronted"; and 2) affirmed in part as to dismissal of complaint against five defendants.

Appellate Information

• Decided 06/20/2012
• Published 06/20/2012

Judges

• RAKOFF

Court

• United States Ninth Circuit

Counsel