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DAVILA v. U.S.

No. 12-50044.

713 F.3d 248 (2013)

Jose DAVILA and Marcela C. Duarte, Plaintiffs-Appellants v. UNITED STATES of America, Unknown Agents of United States Customs and Border Protection; Iftikhar Khan; Blake Trester; Phil Basak; Brian L. Sikes; Mark Spier; Unknown Rangers of the United States National Park Service; and Unknown Brewster County Sheriff Deputies, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 3, 2013.

Attorney(s) appearing for the Case

Susan Leigh Watson , Attorney, Texas RioGrande Legal Aid, Incorporated, Melody Fowler-Green, Yezbak Law Offices, Nashville, TN, Javier Saenz , Texas RioGrande Legal Aid, Incorporated, El Paso, TX, Plaintiffs-Appellants.

Zachary Carl Richter , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, Austin, TX, for Defendants-Appellees.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

Plaintiffs Jose Davila ("Davila") and Marcela Duarte ("Duarte") appeal the district court's dismissal with prejudice of their claims brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 ("FTCA"), Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 42 U.S.C. § 1983. The plaintiffs claim that in two incidents...

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