Ioane v. Hodges, No. 16-16089 (9th Cir. 2019)Annotate this Case
The Ninth Circuit amended the opinion and concurrence, and affirmed the district court's order denying an IRS agent's motion for summary judgment.
Plaintiff alleged that the agent violated plaintiff's Fourth Amendment right to bodily privacy during the lawful execution of a search warrant at plaintiff's home in 2006 when the agent escorted plaintiff to the bathroom and monitored her while she relieved herself. As a preliminary matter, the panel applied the test in Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), and held that plaintiff could proceed with her Bivens action against the agent. The panel held that the agent's interests in preventing destruction of evidence and promoting officer safety did not justify the scope or manner of the intrusion into plaintiff's most basic subject of privacy. Furthermore, a reasonable officer in the agent's position would have known that such a significant intrusion into bodily privacy, in the absence of legitimate government justification, is unlawful.
This opinion or order relates to an opinion or order originally issued on September 10, 2018.