Thomas Avina v. United States

In 2008, Thomas Avina and Rosalie Avi-na and their two minor daughters, B.F.A. and B.S.A., filed a complaint in federal district court against the United States government, alleging causes of action under the Federal Tort Claims Act (“FTCA”), see 28 U.S.C. §§ 2671-2680 . Specifically, the Avinas alleged that agents from the United States Drug Enforcement Administration (“DEA”) committed the torts of assault and battery and intentional infliction of emotional distress when they executed a search warrant at the Avinas’ mobile home. The district court granted summary judgment in favor of the United States, holding that DEA Agents used reasonable force when they executed the search warrant. The Avina family appeals the district court’s adverse summary judgment ruling.

As discussed below, we agree with the district court that there is no genuine issue of material fact regarding whether DEA Agents’ use of force against the adult members of the Avina family (Thomas Avi-na and Rosalie Avina) was reasonable. But we disagree with the district court’s conclusion that there is no genuine issue of material fact regarding whether DEA Agents used reasonable force against…