Reyes

I. BACKGROUND

20 On September 8, 2020, Plaintiff Reyes initiated this action by filing a Complaint 21 against Defendants United States of America and DOE Customs and Border Protection 22 (CBP) officers. (ECF No. 1). Plaintiff filed an Amended Complaint on April 26, 2021. 23 (ECF No. 14). The Amended Complaint alleges that “[w]ithout reason or justification, 24 U.S. Customs and Border Protection Officers at the Otay Mesa Port of Entry severely beat, 25 injured, and arrested Plaintiff . . . .” Id. at ¶ 1. Plaintiff brings the following ten causes of 26 action: (1) Bivens action for excessive force against Defendants DOE CBP officers; (2) 27 Bivens action for illegal arrest against Defendants DOE CBP officers; (3) Bivens action 28 for falsification of evidence against Defendants DOE CBP officers; (4) violation of the Rehabilitation Act (29 U.S.C. § 701 et seq.) against Defendant United States of America; (5) violation of the Federal Tort Claims Act (“FTCA”) for false imprisonment against Defendant United States of America; (6) violation of the FTCA for assault against Defendant United States of America; (7) violation of the FTCA for …