CHAVEZ v. U.S.

No. 10-17659.

683 F.3d 1102 (2012)

Jose CHAVEZ, husband and Maria Elena Chavez, wife, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant, and James W. Ziglar; David Aguilar; Ralph Hunt; Alvaro Obregon; Felix Chavez; Michael Campbell, Border Patrol Agents, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2012.


Attorney(s) appearing for the Case

Barbara Herwig and Teal Miller (argued), Civil Division, Department of Justice, for the defendants-appellants.

Armand Salese (argued) and Ned Garn , Tucson, AZ, for the plaintiffs-appellees.

Opinion by Judge JED S. RAKOFF; Concurrence by Judge WALLACE.


OPINION

RAKOFF, Senior District Judge:

Between 1995 and 2001, plaintiffs Jose and Maria Elena Chavez operated a shuttle service between Sasabe, Arizona and Tucson, Arizona. Plaintiffs allege that Border Patrol agents stopped their shuttle repeatedly and in violation of their Fourth Amendment rights. Based on these allegations, the plaintiffs bring claims not only against the agents who stopped them, but also against...

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