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GUARDAS v. U.S.

Case No. 05-CV-681-TUC-JMR.

600 F.Supp.2d 1059 (2009)

Jose Juan Rodriguez GUARDAS, a single man, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Arizona.

February 18, 2009.

Attorney(s) appearing for the Case

Arthur G. Newman, Cindy H. Strickland, John Aguirre, Thomas M. Ryan, Treon Aguirre & Newman PA, Phoenix, AZ, for Plaintiff.

Robert L. Miskell, U.S. Attorneys Office, Tucson, AZ, for Defendant.

ORDER

JOHN M. ROLL, District Judge.

Plaintiff Jose Juan Rodriguez Guardas is an undocumented alien who received life-threatening injuries when U.S. Border Patrol Agent Octavio Arvizu discharged his firearm. Plaintiffs amended complaint alleged both Federal Tort Claims Act ("FTCA") and Bivens1 claims, but prior to trial, the Bivens claim was dismissed. On October...

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