V-1 Oil Co. v. Smith

Steven Smith, a Federal Railroad Administration inspector, brings this interlocutory appeal of the district court’s denial of summary judgment. V-l Oil Company (“V-l”) brought a Bivens action against Smith. V-l sought monetary damages for Fourth and Fifth Amendment violations arising out of the seizure of a leased railroad tank car. Smith moved for summary judgment, claiming qualified immunity. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

I

V-l is a liquefied propane gas (“LP gas”) distributor operating in six western states. 1 V-l receives shipments of LP gas from Mobil Oil Canada (“Mobil”) by railroad tank car at a number of its facilities. V-l leases a tank car from General American Transportation Corporation to facilitate rail transportation of LP gas from Mobil.

In June 1994 V-l received and unloaded an LP gas shipment at its Caldwell, Idaho facility. V-l then dispatched the tank car to Lochearn, Alberta for another shipment. On its way to Canada the tank car travelled to Union Pacific’s Eastport, Idaho rail yard.

Smith and an Idaho Public Utilities Commission inspector visited the Eastport rail yard on the morning of June 22, 1994. They…