Johnson v. United States of America

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

CAREY L. JOHNSON, Case No.: 3:18-cv-2178-BEN-MSB

Plaintiff, ORDER GRANTING

DEFENDANTS’ MOTION TO

v. DISMISS

UNITED STATES OF AMERICA, et al., [Doc. 42]

Defendants.

In this civil action, Plaintiff Carey L. Johnson sues the United States of America, the 14 Secretary of the Department of Homeland Security, and sixteen United States Customs and 15 Border Patrol (CBP) Officers1 for violations of the Rehabilitation Act, the Federal Tort 16 Claims Act, and Johnson’s Fourth Amendment rights. Johnson’s Fourth Amendment 17 claims arise pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of 18 Narcotics, 403 U.S. 388 (1971). The sixteen Defendant CBP Officers now ask the Court 19 to dismiss Johnson’s claims arising under Bivens in accordance with Federal Rules of Civil 20 Procedure 12(b)(1) and 12(b)(6), arguing failure of subject matter jurisdiction and failure 21 to state a claim upon which relief may be granted. In the alternative, seven…