Linberg

ORDER RE DEFENDANTS’ MOTION TO DISMISS

Plaintiff in this action seeks damages and an injunction pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), for alleged violations of its First and Fourth Amendment rights in connection with an extensive search and seizure operation conducted by the Federal Bureau of Investigation. Defendants, 20 agents and former FBI agents and the Department of Justice, have filed motions to dismiss the present complaint on numerous grounds. The court, as indicated in its order entered June 23, 1981, denies the motions in their entirety with the exception of striking several of the provisions plaintiff has offered as a basis for jurisdiction and its constitutional claims.

In the early morning of July 8, 1977, more than 150 FBI agents and other personnel, authorized by virtually identical warrants, entered three facilities of the Church of Scientology. One was the site of the Founding Church of Scientology in Washington, D.C., and the others were the Los Angeles premises of plaintiff, the Church of Scientology of California (hereinafter referred to as “the Church”). The warrants identified 162 items and…