Harris

Kevin Harris brought a Bivens 1 action against thirteen named federal law enforcement agents, as well as several unnamed individuals and the United States for then-actions at Ruby Ridge, Idaho during two days in August 1992. The individual defendants moved to dismiss the complaint, in part on the basis of qualified immunity. The district court granted the motion to dismiss in part, but denied the motion with respect to almost all of the Fourth Amendment claims. The defendants appeal the denial of qualified immunity with respect to the remaining claims, which constitute the heart of Harris’s action, and seek dismissal of his complaint in its entirety. We reject the defendants’ arguments in toto and affirm the applicable rulings of the district court.

Background

We state the facts, as we must on this appeal, as they are set forth in Kevin Harris’s Second Amended Complaint.

On August 21, 1992, six Deputy United States Marshals (“Marshals”): Arthur Ro *1193 deriek, Larry Cooper, William Degan, Thomas Norris, Joseph Thomas, and David Hunt, 2 came onto Randall Weaver’s property in Boundary County, Idaho to serve an arrest warrant upon Weaver. Kevin Hands was living on the Weaver…