Legal Opinion

Branch v. Tunnell

Court of Appeals for the Ninth Circuit

Decided June 27, 1991No. 89-35383PublishedCited by 96 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

Dale L. Tunnell, a Special Agent of the Bureau of Land Management (“BLM”), appeals the denial of his motion to dismiss a Bivens action on grounds of qualified immunity. The district court had jurisdiction under 28 U.S.C. § 1343. We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985). We reverse.

I

In early 1987, Special Agent Tunnell began investigating whether Jerry L. Branch, a Shelby, Montana businessman, was avoiding royalty payments on federal…

2Cases cited29 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Franks v. DelawareSupreme Court of the United States · 1978

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3Cited by96 opinions

  1. Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
  2. Mchenry v. RenneCourt of Appeals for the Ninth Circuit · 1996
  3. Ellen Keates v. Michael KoileCourt of Appeals for the Ninth Circuit · 2018
  4. Ewing v. City of StocktonCourt of Appeals for the Ninth Circuit · 2009
  5. Galbraith v. County Of Santa ClaraCourt of Appeals for the Ninth Circuit · 2002

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