Mendocino Environmental Center, Judi Bari v. Mendocino County, Richard W. Held, Frank Doyle, Jr., David R. Williams, John Rikes

FBI Agents Richard W. Held, Frank Doyle, Jr., David R. Williams, and John Rikes appeal the district court’s order denying their motion to dismiss certain claims in the Bivens action filed against them by Judi Bari and Darryl Cherney. Bari and Chemey were injured when a bomb in Bari’s car exploded. Bari and Cherney filed a complaint (thrice amended) against the FBI Agents and numerous California municipalities and their law enforcement officers (State Officers), alleging that all violated a number of their rights under the Federal and State Constitutions.

Both the FBI Agents and the State Officers filed motions to dismiss. They argued, inter alia, that they were entitled to qualified immunity and that the complaint failed to satisfy the “heightened pleading standard” applicable in § 1983 and Bivens actions against individual officers whose subjective intent is an element of the plaintiff’s constitutional tort. Branch v. Tunnell, 937 F.2d 1382, 1386 (9th Cir.1991) (Branch I). The district court granted the motion with respect to several of Bari and Cherney’s claims. With respect to three causes of action against the FBI Agents, however, the district court denied the motion. They…