Bryan v. United States, No. 17-1519 (3d Cir. 2019)Annotate this Case
In 2008, St. Croix residents Bryan, Beberman, and Francis took a Caribbean cruise aboard the Adventure of the Seas, stopping at several foreign ports before returning. to the United States. Some of the stops are known sources of narcotics. When they reboarded the ship in Puerto Rico, a can of shaving powder in Francis’s bag spilled over an officer for U.S. Customs and Border Protection (CBP). The travelers claim that the officers' subsequent actions were retaliation for their laughing at that incident. The officers found nothing unlawful in their bags, but made a notation in the Treasury Enforcement Communications System (TECS) database that Francis had appeared “disoriented and nervous” and that it took him some time to state his employment. That database contained entries from 2000, 2004, and 2006 linking Bryan and Francis to suspicion of drug smuggling. Officers searched their cabins but found no contraband. The three travelers asserted Bivens claims against the officers for allegedly violating their Fourth Amendment rights and tort claims against the government under the Federal Tort Claims Act (FTCA). The Third Circuit affirmed summary judgment in favor of the officers and the government. The officers are entitled to qualified immunity and the government is shielded from liability under the FTCA’s discretionary function exception.