Morgan

MEMORANDUM *

Greg Morgan, a civilian employed as an air traffic controller by the Federal Aviation Administration on Edwards Air Force Base (the “Base”), appeals the district court’s Rule 12(b)(6) dismissal of his 42 U.S.C. § 1983 claims alleging that federal officers, their supervisors, and governmental entities violated his Fourth Amendment rights by searching his vehicle at the entry gate to the Base. 1 Morgan also asserts a Federal Torts Claim Act violation, appeals the district court’s order dismissing his federal and state eavesdropping claims, and contends the district court erred in sanctioning his counsel.

We affirm the district court in every respect, except with regard to the court’s dismissal of the Bivens claim.

I

Morgan asserts in his brief that Master Sergeant C. Eric Broughton was acting under color of state law as an off-duty California peace officer when Broughton arrested Morgan and allegedly violated Morgan’s constitutional rights, thereby giving rise to a claim based on 42 U.S.C. § 1983 . 3 Yet, Morgan’s Complaint alleged only that Broughton “was and is at all times relevant herein, a member and/or employee of Defendant AIR FORCE, of Edwards Air Force…