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AVINA v. U.S.

No. 11-55004.

681 F.3d 1127 (2012)

Thomas AVINA; Rosalie Avina; B.F.A., a minor; B.S.A., a minor, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2012.

Attorney(s) appearing for the Case

Raymond Buendia , Law Office of Raymond Buendia, San Diego, CA, for the plaintiffs-appellants.

Lindsey Powell , Department of Justice Civil Division, Washington, D.C., for the defendant-appellee.

Before: HARRY PREGERSON, SUSAN P. GRABER, and MARSHA S. BERZON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

In 2008, Thomas Avina and Rosalie Avina and their two minor daughters, B.F.A. and B.S.A., filed a complaint in federal district court against the United States government, alleging causes of action under the Federal Tort Claims Act ("FTCA"), see 28 U.S.C. §§ 2671-2680. Specifically, the Avinas alleged that agents from the United States Drug Enforcement Administration ("DEA") committed the torts of assault...

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