Roe

In this Bivens 1 action, Robert Roe contends Naval officers violated his rights under the Fourth and Fifth Amendments when they searched, seized, and disclosed his HIV test results. The district court determined the officers were entitled to qualified immunity and granted them summary judgment. Roe appeals. We have jurisdiction under 28 U.S.C. § 1291 . We hold as a matter of law that no constitutional violation occurred, and we affirm.

FACTS

On a number of occasions, Roe and U.S. Navy Petty Officer Michael Healy engaged in unprotected sexual relations. Before engaging in this activity, Roe asked Healy whether he was HIV positive. Healy said he was not. This was not true. Healy had tested positive for HIV and was under a military order not to engage in unprotected sex and to inform any potential partner of his HIV status.

When Roe learned that Healy had tested positive for HIV, he contacted Healy’s commanding officer and reported Healy’s misconduct. Special Agent Helen Sherry was assigned to the ease. In response to Sherry’s request, Roe provided Sherry with a sworn statement in which Roe stated that he and Healy had engaged in unprotected sexual relations and that Healy had…