Habecker

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

8 CURTIS HABECKER and JANIELLE Case No.: 22-cv-1379-CAB-BLM

HABECKER,

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS

v. 12 UNITED STATES OF AMERICA, et al, [Doc. No. 12] Defendants. 14 Plaintiffs Curtis Habecker (“Mr. Habecker”) and his wife Janielle Habecker (“Mrs. Habecker”) filed this case against the United States of America (the “United States”) and United States Customs and Border Protection (“CBP”), alleging four causes of action. Presently before the court is the United States’ motion to dismiss (“MTD”) [Doc. No. 12]. The motion has been fully briefed and oral argument was held on February 8, 2023. For the reasons below, the motion to dismiss is GRANTED. I. BACKGROUND On December 27, 2020, CBP officers allegedly engaged in a 120 mph high-speed chase with a person suspected of smuggling undocumented immigrants. [Compl. ¶¶ 19, 20]. In the midst of this chase, the suspect hit Mr. Habecker’s truck, causing it to roll over. [Compl. ¶¶ 19, 22]. As a result of the…