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OLIVA v. NIVAR

No. 19-50795.

973 F.3d 438 (2020)

Jose L. OLIVA, Plaintiff-Appellee, v. Mario J. NIVAR; Hector Barahona; Mario Garcia, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 2, 2020.

Attorney(s) appearing for the Case

Joe A. Spencer, Jr., Esq. , Law Office of Joe A. Spencer, El Paso, TX, for Plaintiff-Appellee.

James Kerby Jopling , El Paso, TX, for Defendant-Appellant Mario J. Nivar.

Louis Elias Lopez, Jr., Esq. , Law Office of Louis E. Lopez, El Paso, TX, for Defendant-Appellant Hector Barahona.

Gabriel Steven Perez , Attorney, Ortega McGlashan Hicks & Perez, P.L.L.C., El Paso, TX, for Defendant-Appellant Mario Garcia.

Before Smith, Ho, and Oldham, Circuit Judges.

The question presented is whether to extend Bivens to a new context. The district court said yes. We say no. So we reverse and remand with instructions to dismiss the claims against the federal officers.

I.

On February 16, 2016, Jose Oliva attempted to enter a Veterans Affairs ("VA") hospital...

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