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DOE v. ROBERTSON

No. 13-50459.

751 F.3d 383 (2014)

Sarah DOE, on behalf of herself and all others similarly situated; Kimberly Doe, on behalf of herself and all others similarly situated; Raquel Doe, on behalf of herself and all others similarly situated; Anna Roe, on behalf of herself and all others similarly situated; Georgina Roe, on behalf of herself and all others similarly situated; Emily Roe, on behalf of herself and all others similarly situated; Beth Roe, on behalf of herself and all others similarly situated; Constance Roe, on behalf of herself and all others similarly situated, Plaintiffs-Appellees v. George ROBERTSON, ICE Contracting Officer's Technical Representative (COTR); Jose Rosado, ICE COTR, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 6, 2014.

Attorney(s) appearing for the Case

Mark S. Whitburn (argued), Whitburn & Pevsner, P.L.L.C., Arlington, TX, William O. Whitehurst , Whitehurst, Harkness, Brees, Cheng, Alsaffar & Higginbotham, P.L.L.C., Austin, TX, for Plaintiffs-Appellees.

Jonathan Heuer Levy (argued), Laura Grace Lothman , U.S. Department of Justice, Washington, DC, for Defendants-Appellants.

Before STEWART, Chief Judge, and GARZA and SOUTHWICK, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Sarah Doe and several other anonymous female immigrants ("Plaintiffs") were sexually assaulted while being transported from an immigration detention center. They brought a Bivens action against federal officials George Robertson ("Robertson") and Jose Rosado ("Rosado") for violation of their Fifth Amendment due process right to freedom from "deliberate indifference to a substantial risk...

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