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UNUS v. KANE

No. 07-2191.

565 F.3d 103 (2009)

Aysha Nudrat UNUS; Hanaa Unus, Plaintiffs-Appellants, and Iqbal Unus, Plaintiff, v. David KANE, Special Agent, U.S. Immigration and Customs Enforcement; Rita Katz; Roger Aarons, Special Agent, DHS-ICE; Camille Barnett, Special Agent, DHS-ICE; Byron Braggs, Senior Special Agent, ICE; Jennifer Crandall, Special Agent, DHS-ICE; Francisco Gerardo, Special Agent, ICE; Antonio Gomez, Special Agent, IRS; Stasia A. McMahon, Special Agent, IRS; Elmer R. Mooring, Sr., Postal Inspector; Michael R. O'Hanlon, Special Agent, IRS; Kenneth W. Oland, Special Agent, IRS; United States of America; Michael J. Zens, Special Agent, United States Secret Service, Defendants-Appellees, and All Unknown Named Federal Agents of the United States Customs Service, now known as U.S. Immigration and Customs Enforcement, Internal Revenue Service, Bureau of Alcohol, Tobacco and Firearms, Immigration and Naturalization Service, United States Secret Service, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 6, 2009.

Attorney(s) appearing for the Case

ARGUED: Steven Karl Barentzen, Washington, D.C., for Appellants. R. Joseph Sher, Office of the United States Attorney, Alexandria, Virginia; Laura Rose Handman, Davis, Wright & Tremaine, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Nancy A. Luque, Mitka T. Baker, DLA Piper US, L.L.P., Washington, D.C., for Appellants. Chuck Rosenberg, United States Attorney, Dennis C. Barghaan, Jr., Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the Federal Appellees. Brigham J. Bowen, Davis, Wright & Tremaine, L.L.P., Washington, D.C., for Appellee Rita Katz.

Affirmed in part and reversed in part by published opinion. Judge KING wrote the majority opinion, in which Judge TRAXLER joined. Chief Judge WILLIAMS wrote a separate opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge:

Plaintiffs Aysha and Hanaa Unus appeal from the judgment entered against them in the Eastern District of Virginia on constitutional and common law tort claims arising from an allegedly unlawful search of their northern Virginia home. They assert that a federal agent, David Kane, and another individual, Rita Katz, contravened the Fourth Amendment by conspiring to make misrepresentations...

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