ESTATE OF REDD BY AND THROUGH REDD v. LOVE

No. 16-4010.

848 F.3d 899 (2017)

The ESTATE OF James D. REDD, M.D., BY AND THROUGH Jeanne H. REDD, the personal representative for and on behalf of Plaintiffs Decedent James D. Redd, and his heirs as an individual in a survivorship action and in a wrongful death action, Plaintiff-Appellant, v. Daniel LOVE, Bureau of Land Management Special Agent, in his individual capacity, Defendant-Appellee, Lauren Good, Special Agent Bureau of Land Management, in her individual capacity; David Kice, BLM Special Agent, in his individual capacity; Dan Barnes, Bureau of Land Management Special Agent, in his individual capacity; Jon Edwards, Special Agent Bureau of Land Management, in his individual capacity; Seth Footlik, FBI Special Agent, in his individual capacity; Brent Range, Special Agent Bureau of Land Management, in his official capacity; Jennifer Vanderveer, Special Agent Bureau of Land Management, in her individual capacity; Selma Sierra, Former BLM Agent Director, in her individual capacity; Juan Palma, BLM Utah Director, in his individual capacity; Lynda Viti, FBI Special Agent, in her individual capacity; Neil Rogers, FBI Special Agent, in his individual capacity; Diane Eden Kisabeth, FBI Agent, in her individual capacity; Gibson M. Wilson, FBI Special Agent, in his individual capacity; Timothy Fuhrman, FBI Special Agent In Charge, in his individual capacity; James McTighe, FBI Special Agent In Charge, in his individual capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed February 13, 2017.


Attorney(s) appearing for the Case

Shandor S. Badaruddin , ( Edward P. Moriarity , with counsel on the briefs), Moriarity & Badaruddin, Missoula, Montana, for Plaintiff-Appellant.

Laura K. Smith , Trial Attorney ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern and Sonia K. McNeil , Attorneys, with counsel on the brief), United States Department of Justice, Washington, D.C., for Defendant-Appellee.

Before BRISCOE, MURPHY, and PHILLIPS, Circuit Judges.


In June 2009, as part of a federal law-enforcement investigation known as "Operation Cerberus," FBI and Bureau of Land Management ("BLM") agents arrested twenty-three people and searched twelve properties in and near three Utah cities — Blanding, Monticello, and Moab. The operation targeted persons possessing and...

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