95 Cal. Daily Op. Serv. 5683, 95 Daily Journal D.A.R. 9718 Clinton W. Love, Sr. And Rose Mary Love, Husband and Wife v. United States of America

Clinton and Rose Mary Love brought suit against the United States and various federal agents seeking damages resulting from the manner in which their farm equipment and livestock were foreclosed upon by the Farmers Home Administration (FmHA). The Loves asserted claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), and under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-80 . The district court granted summary judgment on the Bivens claim, holding that the federal agents were entitled to qualified immunity. After a bench trial on the FTCA claim, the district court awarded judgment in favor of the government. Love v. United States, 844 F.Supp. 616 (D.Mont.1994). The Loves appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A. FACTS

The Loves are Montana farmers who had loans outstanding from the FmHA with a total indebtedness of over $1.2 million. The Loves were members of a class of FmHA borrowers who were plaintiffs in a suit against the FmHA in the United States District Court in North Dakota. That court granted a preliminary injunction in favor of the national class…