(DOWNLOAD) "Branch V. Tunnell" by United States Court of Appeals for the Ninth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Branch V. Tunnell
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 12, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Three years ago, we reversed the district court's holding that the Bivens*fn1 complaint filed by plaintiffs Jerry L. Branch and his daughters Valenna and Colby Branch (collectively, Branch) could survive a motion to dismiss premised on the defense of qualified immunity. Branch v. Tunnell, 937 F.2d 1382 (9th Cir. 1991) (Branch I). Branch alleged that defendant Dale L. Tunnell, a Special Agent with the Interior Department's Bureau of Land Management (BLM), violated Branch's Fourth Amendment rights by knowingly or recklessly misleading the magistrate Judge in an affidavit for warrants to search Branch's home and business. We held that a district court must apply a "heightened pleading standard" in Bivens or § 1983 cases where the defendant's subjective intent is an element of the plaintiff's constitutional tort. Id. at 1386.