Berger

These matters are before us after the Supreme Court remanded Hanlon v. Berger, — U.S. -, 119 S.Ct. 1706 , 143 L.Ed.2d 978 (1999) (per curiam). The Supreme Court vacated our judgment in Berger v. Hanlon, 129 F.3d 505 (9th Cir.1997).

A. Federal Officer Defendants

The Court agreed with our holding that the plaintiffs stated a claim when they alleged that the federal officers violated the Fourth Amendment when, without the Bergers’ consent, the officers permitted the media to accompany them during the execution of a search warrant. See Hanlon, — U.S. at -, 119 S.Ct. at 1706 ; Wilson v. Layne, — U.S. -, 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999). The Court concluded, however, that the federal officers are entitled to qualified immunity because the law governing this issue was not “clearly established” as of March 1993, when the warrant of the Bergers’ ranch was executed. Hanlon, — U.S. at -, 119 S.Ct. at 1706-07. Therefore, we affirm the district court’s grant of sum *1157 mary judgment in favor of the federal officers.

B. Media Defendants

In our original decision, we held that the media defendants were not entitled to summary on the Bergers’ Bivens claim because Bergers alleged the…