Reyes
Reyes v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARCO A. REYES, Case No.: 3:20-cv-01752-WQH-LL
Plaintiff, ORDER v. 13 UNITED STATES OF
AMERICA; DOE CBP
OFFICERS 1-30,
INDIVIDUALLY AND IN THEIR
OFFICIAL CAPACITIES,
inclusive, Defendants. 19 HAYES, Judge: 20 The matter pending before the Court is the Motion to Dismiss filed by Defendant 21 United States of America. (ECF No. 4).
I. PROCEDURAL BACKGROUND
23 On September 8, 2020, Plaintiff Marco A. Reyes initiated this action by filing a 24 Complaint against Defendants United States of America (“United States”) and DOE 25 Customs and Border Protection (“CBP”) officers. (ECF No. 1). Plaintiff alleges that CBP 26 “[o]fficers at the Otay Mesa Port of Entry severely beat, injured, and arrested Plaintiff . . . 27 .” Id. at 2. Plaintiff brings the following nine causes of action: (1) Bivens action for 28 excessive force against Defendants DOE CBP officers; (2) Bivens action for illegal arrest against Defendants DOE CBP officers;…