96 Cal. Daily Op. Serv. 5655, 96 Daily Journal D.A.R. 9212 Robert Roe v. Helen M. Sherry, Special Agent Ray Larabee Christopher Yohn U.S. Naval Investigative Services United States of America

91 F.3d 1270 96 Cal. Daily Op. Serv. 5655 , 96 Daily Journal D.A.R. 9212 Robert ROE, Plaintiff-Appellant, v. Helen M. SHERRY, Special Agent; Ray Larabee; Christopher Yohn; U.S. Naval Investigative Services; United States of America, Defendants-Appellees. No. 95-55761. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1996. Decided July 31, 1996. Martha Hall and Deborah DiIorio, DiIorio & Hall, San Diego, California, for plaintiff-appellant. Tom Stahl, Assistant United States Attorney, San Diego, California, for defendants-appellees. Appeal from the United States District Court for the Southern District of California, John S. Rhoades, District Judge, Presiding. D.C. No,. CV-94-01205-JSR(LSP). Before: FLOYD R. GIBSON, * JOHN T. NOONAN, Jr. and THOMPSON, Circuit Judges. THOMPSON, Circuit Judge: 1 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…