Avina, et al. v. United States, No. 11-55004 (9th Cir. 2012)Annotate this Case
Plaintiffs filed a complaint in federal district court against the United States government, alleging causes of action under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671-2680. Specifically, plaintiffs alleged that agents from the DEA committed the torts of assault and battery and intentional infliction of emotional distress when they executed a search warrant at plaintiffs' mobile home. The court agreed with the district court that there was no genuine issue of material fact regarding whether DEA Agents' use of force against the adult members of plaintiffs' family was reasonable. The court, however, disagreed with the district court's conclusion that there was no genuine issue of material fact regarding whether DEA Agents used reasonable force against the 11-year-old and 14-year-old plaintiffs. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.