Estate of James Redd v. Love, No. 16-4010 (10th Cir. 2017)Annotate this Case
In 2009, as part of a federal law-enforcement investigation, FBI and Bureau of Land Management (“BLM”) agents arrested twenty-three people and searched twelve properties in and near three Utah cities. The operation targeted persons possessing and trafficking in Native American artifacts illegally taken from the Four Corners region of the United States. One day after agents searched Dr. James D. Redd’s home, arrested him as part of this operation, and released him on bond, Dr. Redd committed suicide. Dr. Redd’s Estate (“the Estate”) sued sixteen named FBI and BLM agents and twenty-one unnamed agents under “Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,” (403 U.S. 388 (1971)), claiming that the agents had violated Dr. Redd’s Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights. The district court granted the Defendants’ motions to dismiss all of the Estate’s claims except one: a Fourth Amendment excessive-force claim against the lead BLM agent, Daniel Love. Later, on qualified-immunity grounds, the district court granted Agent Love summary judgment on that final claim. The Estate appealed the district court’s dismissal of the excessive-force claim. Finding no reversible error, the Tenth Circuit affirmed.