Julian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation

In July 1999, Federal Bureau of Investigation (“FBI”) Special Agent Jake Gregory (“Gregory”) was assigned to assist with a nationwide search for federal fugitive Robert Q. Lee (“Robert”) by finding and interviewing Robert’s brother Julian Christopher Lee (“Julian”). When Gregory located Julian in April 2000, Julian angrily declined to speak with him. Gregory then obtained a copy of an outstanding Florida arrest warrant for “Christopher Lee,” Julian’s middle name and one of Robert’s aliases, known as such to the FBI. Gregory passed the warrant to the San Diego Sheriffs Office, which arrested Julian, and released him on bail four days later. Julian filed this action against Gregory, the FBI, and the United States of America, alleging his arrest gave rise to a Bivens cause of action against Gregory, and to several causes of action against the other defendants. Gregory moved for summary judgment, contending that he was entitled to qualified immunity. The district court denied Gregory’s motion. We affirm.

I. JURISDICTION AND STANDARD OF REVIEW

Although a denial of summary judgment is not ordinarily appealable, we have jurisdiction over Gregory’s interlocutory appeal because the…