Thursday, May 10, 2012

Bivens action survives summary dismissal

Ortega v. ICE, 2012 WL 1493874 (W.D. Ky, Apr. 27, 2012) (unpublished).

A USC was serving a sentence of home confinement.  ICE issued a detainer because it thought he was an illegal alien.  As a result, he was taken from home and jailed for several days.  He filed a Bivens action.  The court dismissed some of the parties on qualified immunity grounds but allowed the suit to go forward against other, unnamed, officers.

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