Estate of Hernandez-Rojas ex rel. Hernandez v. United States

ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT [doc. nos. 145, 146, 147, 151, 152, 153, 184, 185, 197, 201]

Currently pending are the individual defendants’ motions for summary judgment. The motions are fully briefed and are considered without oral argument.

I. Background

On March 23, 2012, Plaintiffs, the Estate of Anastacio Hernandez-Roja, which is for the benefit of the children of decedent (“Anastacio”), filed the operative third amended complaint (“TAC”). [ELECTRONIC CASE FILING ADMINISTRATIVE POLICIES AND PROCEDURES M # 53.] Plaintiffs assert fourteen causes of action: five of the causes of action are alleged constitutional violations under Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), and the remaining nine are brought under the Federal Tort Claims Act and the Alien Tort Claims Act. Plaintiffs seek general and special damages, punitive damages, and injunctive or declaratory relief.

The initial complaint and the first amended complaint were brought against the United States of America and Does 1-50. The second amended complaint [doc. # 16] named individual defendants with a numbering system. In their joint motion for protective…