Chavez

MEMORANDUM **

Jose and Maria Chavez (the “Chavezes”) appeal the district court’s order dismissing their claims against sixteen border patrol agents and supervisors, a former commissioner of the Immigration and Naturalization Service, and the United States. The Chavezes allege intentional tort and negligence claims under the Federal Tort Claims Act (“FTCA”) and Bivens actions 1 against the agents based on alleged Fourth Amendment violations. The Chavezes also seek injunctive and declaratory relief against the government’s practice of using roving highway patrols to execute investigatory stops in search of illegal aliens.

The district court dismissed all of the Chavezes’ personal injury FTCA claims for lack of subject matter jurisdiction. The district court additionally dismissed the Chavezes’ First, Fourth, Fifth, Eighth, and Fourteenth Amendment Bivens claims, and their claim for equitable relief, holding that the Chavezes failed to allege sufficiently cognizable claims. Of the remaining claims for negligence resulting in property damage, two were dismissed and the third — regarding an August 5, 2000 collision — was decided in the Chavezes’ favor at trial. The Chavezes now…