White v. United States, No. 19-1878 (8th Cir. 2020)
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After an ATF agent shot and killed Myron Pollard during an undercover operation, Pollard's mother and personal representative of his estate filed suit against the United States under the Federal Tort Claims Act (FTCA) and the agent under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court held in favor of the United States and the jury returned a verdict in favor of the agent.
The Eighth Circuit affirmed the district court's judgment on the FTCA claim, holding that the district court did not abuse its discretion in deciding not to draw a negative inference from deleted data against the United States. In this case, the district court's finding that the ATF did not act in bad faith in destroying the original records of the shooting is supported by evidence, and plaintiff proffered no evidence to support an inference that the original recordings were intentionally destroyed to suppress the truth or to contradict any of the government's evidence. The court also held that, in light of the facts, the district court properly determined that the agent reasonably believed deadly force was necessary to protect himself and the other agents from the vehicle and that he had acted reasonably by firing his service weapon. The court held that the FTCA judgment barred plaintiff's Bivens action and remanded to the district court with directions to vacate the judgment for the agent on the Bivens claim and to dismiss the claim.
Court Description: [Wollman, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Federal Tort Claims Act. There was no indication the government intentionally destroyed the original recordings of the shooting incident in question in order to suppress the truth, and the district court did not err in deciding not to draw a negative inference from deletion of the data; in light of the facts, the district court properly determined BATF Agent Hansen reasonably believed deadly force was necessary to protect himself and other agents and that he acted reasonably by firing his weapon and killing plaintiff's decedent; the Federal Tort Claims judgment for the United States bars plaintiff's Bivens action and the matter must be remanded to the district court with directions to vacate the judgment for Hansen on the Bivens claim and dismiss the claim.
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