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ASOCIACIÓN DE PERIODISTAS DE P.R. v. MUELLER

No. 07-2196.

529 F.3d 52 (2008)

ASOCIACIÓN DE PERIODISTAS DE PUERTO RICO, Puerto Rico Journalists Association; Overseas Press Club of Puerto Rico; Normando Valentín, individual capacity and on behalf of his respective Conjugal partnership; Víctor Sánchez, individual capacity and on behalf of his respective Conjugal Partnership; Joel Lago-Román, individual capacity and on behalf of his respective Conjugal Partnership; Cossette Donalds-Brown, individual capacity and on behalf of her respective Conjugal Partnership; Víctor Fernández, individual capacity and on behalf of his respective Conjugal Partnership; Annette Álvarez, individual capacity and on behalf of her respective Conjugal Partnership, Plaintiffs, Appellants, v. Robert MUELLER, in his official capacity as Director of the Federal Bureau of Investigation; Ten Unknown Agents of the Federal Bureau of Investigation, individually and in their official capacity and on behalf of their Conjugal Partnership; Agent Keith Byer, individually and in his official capacity and on behalf of his Conjugal Partnership; Agent Luis S. Fraticelli, individually and in his official capacity and on behalf of his Conjugal Partnership; Agent José Figueroa-Sancha, individually and in his official capacity and on behalf of his Conjugal Partnership, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Catherine Crump, with whom Aden J. Fine, ACLU Foundation, Nora Vargas-Acosta, Josué Gonzáles-Ortiz, William Ramírez, ACLU, Puerto Rico National Chapter, was on brief for appellants.

Germán A. Rieckehoff, Assistant United States Attorney, with whom Rosa E. Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief Appellate Division, and Isabel Muñoz-Acosta, Assistant United States Attorney, was on brief for appellees.

Lucy A. Dalglish, Gregg P. Leslie, Corinna J. Zarek, and Elizabeth J. Soja, on brief for amicus curiae The Reporters Committee for Freedom of the Press.

Before LYNCH, Chief Judge, TORRUELLA, Circuit Judge, and SELYA, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

This appeal involves alleged violations of the First and Fourth Amendments by the Federal Bureau of Investigation ("FBI") against a group of journalists during the execution of a search warrant. The district court granted summary judgment for the defendants on all claims based on qualified immunity. After carefully considering the evidence in the record, we affirm summary judgment on all First Amendment claims, but hold that summary judgment...

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