United States Ninth Circuit

In an action brought by a civil-service employee under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against naval base administrators for employment-related due-process and First Amendment violations, and against the investigator for Fourth Amendment violations, the District Court's grant of summary judgment to defendant and dismissal is affirmed where: 1) the Civil Service Reform Act of 1978 precludes employment-related Bivens claims by Non-Appropriated Fund Instrumentality Program employees like plaintiff, for whom Congress has provided other safeguards; and 2) plaintiff did not suffer an unconstitutional Fourth Amendment seizure when he was asked to place his belongings in a lockbox per protocol during his on-base interview with the naval investigator.

Appellate Information

• Published 2016/05/24

Judges

• DORSEY

Court

• United States Ninth Circuit

Counsel