Here is the unpublished opinion in Dupris v. McDonald.
An excerpt:
In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members of the federal Task Force that arrested them and the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680. The district court granted summary judgment for the defendants and Plaintiffs have appealed. We affirm, concluding that: (1) the Plaintiffs’ claims against two members of the Task Force are barred by the applicable statute of limitations; (2) the remaining individual defendants were entitled to qualified immunity; and (3) the United States is immune from liability under the FTCA pursuant to the discretionary function exception.
Briefs and lower court materials here.
To win a police abuse case, one almost needs a “Rodney King beating tape.” Case law bends over backwards to protect the govt agents. So, many claims with merit are dismissed at the pleading stage, or do not get to trial. And, the death cases do not really benefit the family unless one has children, who could get future payments.