ASOCIACIÓN DE PERIODISTAS v. MUELLER

No. 09-2385.

680 F.3d 70 (2012)

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; Victor Sánchez, individual capacity and on behalf of his respective Conjugal Partnership; Joel Lago-Román, individual capacity and on behalf of her respective Conjugal Partnership; Cosette Donalds-Brown, individual capacity and on behalf of her respective Conjugal Partnership; Víctor Fernández, individual capacity and on behalf of his Conjugal Partnership; Annette Alvarez, 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; Keith Byers, individually and in his official capacity and on behalf of his Conjugal Partnership; Luis S. Fraticelli, individually and in his official capacity and on behalf of his Conjugal Partnership; Jose 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 May 16, 2012.


Attorney(s) appearing for the Case

Catherine Crump , with whom Aden J. Fine , ACLU Foundation, Josué Gonzalez Ortiz , William Ramirez , ACLU of Puerto Rico Foundation, and Nora Varga Acosta were on brief, for appellants.

H. Thomas Byron, III , Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Tony West , Assistant Attorney General, Rosa E. Rodriguez-Velez , United States Attorney and Barbara L. Herwig , Attorney, Appellate Staff, Civil Division, United States Department of Justice were on brief, for appellees.

Before BOUDIN and HOWARD, Circuit Judges, and BARBADORO, District Judge.


HOWARD, Circuit Judge.

This appeal involves claims for damages and injunctive relief by several journalists against FBI agents, who the journalists allege used excessive force against them during the execution of a search warrant at an apartment complex in San Juan, Puerto Rico.1 In a prior appeal in this case we vacated a grant of summary judgment based on qualified immunity. See Asociación de Periodistas de P.R. v. Mueller,<...

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