Ellawendy
Ellawendy v. Department of the Army
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ABDEL FATAH ELLAWENDY, Case No. 21-cv-05273-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
JASON TAKAGAKI, et al., Re: Dkt. Nos. 53, 64 Defendants.
12 Defendant Jason Takagaki moves to dismiss the complaint brought by pro se plaintiff Abdel Fatah Ellawendy, who alleges that Takagaki violated his Fourth Amendment rights when Takagaki seized Ellawendy’s laptop and detained him. The sole remaining claim in this case is asserted under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1999), but arises in a new context not previously recognized under Bivens or its progeny. Two special factors counsel hesitation about extending Bivens into this new territory: at least two alternative remedial structures, which Ellawendy utilized, and the military/Department of Defense context in which his claim arises. This warrants dismissal of Ellawendy’s claim with prejudice, as any amendment would be futile because he cannot cure…