No. 22-6284

Bryan M. Espinoza v. Federal Bureau of Investigation, et al.

Lower Court: Second Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bell-v-hood bivens-action bivens-doctrine constitutional-rights davis-v-passman federal-tort-claims-act fourth-amendment obstruction-of-justice whistleblower-protection whistleblower-protection-act
Latest Conference: 2023-02-17
Question Presented (from Petition)

1) The Federal Tort Claims Act (FTCA) is Federal Legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the Federal Government.

2) Upon the Fourth Amendment - the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

3) What is a "cause of action " under Bivens? - Davis V. Passman, 99 S. Ct. 2264, 442 U.S. 228 (U.S. 1979), stating "No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. 'United States V. Lee, 106 U.S. [196], 220 [(1882)]. " 438 U.S. at 506.

4) Upon the conclusion of Bell V. Hood, 327 U.S. 678 (1946) - Certiorari To The Circuit Court of Appeals For The Ninth Circuit - "Where the complaint seeks recovery squarely on the ground of violation of plaintiffs ' rights under the Fourth and Fifth Amendments, a federal district court has jurisdiction of a suit against agents of the Federal Government to recover damages in excess of $3,000 alleged to have been suffered by the plaintiffs as a result of such violations - even though neither the Constitution nor the Congress has provided for the recovery of money damages for such violations and the complaint is so framed as possibly to state a common law action in tort or trespass. Pp. 327 U.S. 680-685. "

Question Presented (AI Summary)

What is the proper cause of action under Bivens for a violation of the Fourth Amendment?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent Federal Bureau of Investigation, et al. to respond filed.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)

Attorneys

Bryan Espinoza
Bryan Espinoza — Petitioner
Federal Bureau of Investigation, et al.
Elizabeth B. PrelogarSolicitor General, Respondent