Chavez

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ SEVENTH CAUSE OF ACTION WITH LEAVE TO AMEND RE. INDIVIDUAL DEFENDANTS; GRANTING STIPULATED DISMISSAL RE, ALL LISTED DEFENDANTS OTHER THAN THE UNITED STATES OF AMERICA FOR CAUSES OF ACTION ONE THROUGH SIX; AND GRANTING PLAINTIFFS’ REQUEST TO DISMISS ALL DOE DEFENDANTS

I. Introduction

This case involves several Federal Tort Claims Act (FTCA) claims and a Bivens claim resulting from an automobile accident allegedly caused because of the U.S. Border Patrol’s pursuit of a fleeing vehicle. The accident resulted in death and serious injuries. Plaintiffs Marcos Chavez, et aL, bring this action against the United States, the Immigration and Naturalization Service (INS) and the U.S. Border Patrol, agencies of the U.S. Government, and seven individual employees of these agencies. The instant matter is the Defendants’ Motion to Dismiss the complaint and all but one causes of action therein pursuant to Fed.R.Civ.P. 12(b)(6).

Plaintiffs’ Complaint alleges seven causes of action against Defendants. Claims one through six are FTCA claims for negligence, intentional infliction of emotional distress, negligent infliction of emotional…