CYNTHIA HOLCOMB HALL, Circuit Judge:
Dale L. Tunnell, a Special Agent of the Bureau of Land Management ("BLM"), appeals the denial of his motion to dismiss a Bivens action on grounds of qualified immunity. The district court had jurisdiction under 28 U.S.C. § 1343. We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291. Mitchell v. Forsyth,
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