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BERNARD v. U.S.

No. 1281, Docket 93-6283.

25 F.3d 98 (1994)

Eusebio BERNARD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Eusebio BERNARD, Plaintiff-Appellant, v. James CLIFFORD, Brian Fitzpatrick, a certain Unidentified Confidential Informant, and Unidentified Agents, Officers, Employees and Servants of the Drug Enforcement Administration, designated "John and Jane Doe numbered: 1 through 5," jointly and severally, all such defendants being employees of the Drug Enforcement Administration. Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1994.

Attorney(s) appearing for the Case

William Noland, New York City, of counsel, for Eusebio Bernard.

Judith L. Mogul, U.S. Attorney's Office, S.D. of N.Y., New York City, of counsel, for U.S.

Before: WALKER, McLAUGHLIN, and RONEY, Circuit Judges.

RONEY, Senior Circuit Judge:

Plaintiff challenges the district court's grant of summary judgment in favor of the United States and a number of federal employees in this action brought under the Federal Tort Claims Act and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). He alleged he was wrongly arrested as being a seller of crack cocaine. Since the district...

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