Mueller v. Gallina

OPINION AND ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

GADOLA, District Judge.

This is a “Bivens action” in which Plaintiff alleges that Defendants violated his Fourth Amendment right to be free from unreasonable searches and seizures. See Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 396-97, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). “In Bivens, despite the absence of a Congressional statute authorizing a federal cause of action, the Supreme Court held that damages may be recovered from federal agents for injuries inflicted by them in violation of…