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ROE v. SHERRY

No. 95-55761.

91 F.3d 1270 (1996)

Robert ROE, Plaintiff-Appellant, v. Helen M. SHERRY, Special Agent; Ray Larabee; Christopher Yohn; U.S. Naval Investigative Services; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Martha Hall and Deborah DiIorio, DiIorio & Hall, San Diego, California, for plaintiff-appellant.

Tom Stahl, Assistant United States Attorney, San Diego, California, for defendants-appellees.

Before: FLOYD R. GIBSON, JOHN T. NOONAN, Jr. and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge:

In this Bivens1 action, Robert Roe contends Naval officers violated his rights under the Fourth and Fifth Amendments when they searched, seized, and disclosed his HIV test results. The district court determined the officers were entitled to qualified immunity and granted them summary judgment. Roe appeals. We have jurisdiction under 28 U.S.C. § 1291. We hold as a matter of law that no constitutional...

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