Albert Yendes, Jr. v. Troy Ribail

MEMORANDUM

Albert E. Yendes, Jr., and Franklin Garrett, Jr., appeal pro se from the district court’s judgment dismissing their action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Nar cotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging that FBI agents violated plaintiffs’ Fourth Amendment rights while investigating their operation of “assistance clinics” offering notarized residency documents to Spanish-speaking immigrants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We affirm.

The district court properly dismissed plaintiffs’ claim alleging unlawful seizure because plaintiffs failed to allege facts showing that defendants lacked reasonable suspicion to conduct an investigatory stop. See Illinois v. Wardlow, 528 U.S. 119, 123 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000) (investigatory stops are permitted under the Fourth Amendment “when the officer has a reasonable, articulable suspicion that criminal activity is afoot”).

Plaintiffs’ contentions that the district court erred in addressing qualified immunity at this stage in the proceedings, applied incorrect…