Ronald E. Ting v. United States of America the Federal Bureau of Investigation Drug Enforcement Administration Internal Revenue Service Joe Sheehan

Ronald E. Ting appeals from the district court’s grant of summary judgment in favor of the defendants on his Bivens action against five FBI agents and claims against the United States pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2674 . Ting claims that the agents’ use of deadly force to effect his arrest was excessive and unreasonable. We affirm in part, and reverse and remand in part.

FACTS AND PROCEEDINGS

Commencing in 1982, the FBI and DEA conducted a joint investigation of a major *1508 narcotics organization headed by Alan Mobley. A plan was eventually developed to simultaneously execute arrest warrants on twenty-seven individuals on May 12, 1984. The appellant, Ronald Ting, was one of those individuals.

In preparation for the operation, all participating officers were briefed at a meeting on May 10, 1984. Nine FBI SWAT agents were assigned to arrest Ting at his home: William Ayers, James Botting, James Burns, Wayne Cassetty, Ronald Durkin, Ronnie Frigulti, Lawrence Gallagher, Dexter Kelly, and William Melson. It was determined that SWAT assistance was needed in light of information that Ting was paranoid and unstable, that he possessed a firearm, and that…

concurring in part and dissenting in part:

I concur in Parts IA, IB and II of the majority opinion. However, because I believe the majority decides Ting’s Bivens conspiracy claim incorrectly, I respectfully dissent from Part IC of the opinion.

Ting asserts that when the non-shooting officers met after Officer Burns shot him, they agreed to make false representations regarding the facts surrounding the shooting. The record shows that the officers gathered together and discussed “the facts” of the shooting prior to being interviewed by the Federal Bureau of Investigations. They then told stories relatively consistent with Burns’s version and inconsistent with Ting’s. Notwithstanding these undisputed facts, the majority concludes that there is insufficient evidence from which a jury could reasonably conclude that the defendant-officers agreed to make false representations regarding the facts surrounding the shooting. I believe this conclusion to be erroneous. Ultimately, Ting may find it virtually impossible to prevail on his civil conspiracy claim. However, that possibility should not lead us to dismiss his claim with prejudice at this point.

For purposes of summary judgment, we…

927 F.2d 1504 Ronald E. TING, Plaintiff-Appellant, v. UNITED STATES of America; the Federal Bureau of Investigation; Drug Enforcement Administration; Internal Revenue Service; Joe Sheehan, et al., Defendants-Appellees. No. 89-55303. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1990. Decided March 14, 1991. Mark P. Robinson, Robinson, Robinson & Phillips, Los Angeles, Cal., for plaintiff-appellant. Robert A. Pallemon, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before REINHARDT and LEAVY, Circuit Judges, and THOMPSON * , District Judge. LEAVY, Circuit Judge: 1 Ronald E. Ting appeals from the district court's grant of summary judgment in favor of the defendants on his Bivens action against five FBI agents and claims against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Sec. 2674 . Ting claims that the agents' use of deadly force to effect his arrest was excessive and unreasonable. We affirm in part, and reverse and remand in part. FACTS AND PROCEEDINGS 2 Commencing in 1982, the FBI and DEA conducted a joint…