Farkas v. Williams, No. 14-55756 (9th Cir. 2016)Annotate this Case
Plaintiff, a civil-service employee at a naval base, filed a Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics action after he was involved in a budgetary investigation against base administrators for employment-related due process and First Amendment violations. Plaintiff also filed suit against the investigator for Fourth Amendment violations. The court held that the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. 1101 et seq., precludes employment-related Bivens claims by Non-Appropriated Fund Instrumentality Program (NAFI) employees like plaintiff, for whom Congress has provided other safeguards. The court also concluded that plaintiff suffered no Fourth Amendment violation because he impliedly consented to the storage of his belongings by voluntarily passing through an internal checkpoint in a passage-restricted military installation. Accordingly, the court affirmed the district court's summary judgment and dismissal of the complaint.