Branch v. Tunnell

937 F.2d 1382 60 USLW 2036 Jerry L. BRANCH, Sylvia Branch, Colby Branch, Plaintiffs-Appellees, v. Dale L. TUNNELL, Individually and as Special Agent of Bureau of Land Management, State of Montana, John D. LaFaver, Individually and as Director of Revenue, Peter Donnelly, Individually and as Revenue Agent for Montana Department of Revenue, Joe Doe I, Individually and as employee of Montana Department of Revenue, Defendants-Appellants. No. 89-35383. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1990. Decided June 27, 1991. Ann Southworth, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants. Robert J. Waller, Veeder & Broeder, Billings, Mont., for plaintiffs-appellees. Before HALL, THOMPSON and LEAVY, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Dale L. Tunnell, a Special Agent of the Bureau of Land Management ("BLM"), appeals the denial of his motion to dismiss a Bivens action on grounds of qualified immunity. The district court had jurisdiction under 28 U.S.C. Sec. 1343 . We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. Sec. 1291 . Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86…