Juan Mendez, Sr. v. Taylor Poitevent

EDITH BROWN CLEMENT, Circuit Judge:

During an attempted arrest and the ensuing violent struggle, Juan Mendez, Jr., was shot to death by a Border Patrol Agent, Taylor Poitevent. Mendez’s relatives sued Poitevent for, among other things, excessive force in violation of the Fourth Amendment. As relevant here, they also asserted various intentional tort claims against the United States. The district court held that Poitevent was entitled to qualified immunity, and thus granted him summary judgment. The district court also granted summary judgment for the United States on plaintiffs’ intentional…