Mendia v. Garcia, No. 16-15742 (9th Cir. 2017)Annotate this Case
Plaintiff, a naturalized U.S. citizen, filed suit against defendants under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Torts Claims Act, 28 U.S.C. 1346(b), after agents erroneously lodged an immigration detainer against him while he was detained in county jail. After the notice of appeal on the Bivens ruling was filed, however, the district court sanctioned plaintiff for egregious misconduct during that discovery and ultimately dismissed his FTCA claims. Defendants then filed a motion in the Ninth Circuit to consider applying the sanction to plaintiff's remaining claims under Federal Rule of Appellate Procedure 12.1(b). The panel held that a limited remand was permissible without first moving in the district court under FRCP 62.1 for a targeted "indicative ruling" and, in this case, a limited remand was appropriate in order for the government to move for dismissal of the remaining claims.