DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151656P.pdf 02/25/2016 Mountain Pure v. Cynthia Roberts
U.S. Court of Appeals Case No: 15-1656
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Murphy, Author, with Smith and Benton, Circuit Judges]
Civil case - Bivens action. The number of agents used in a raid was
reasonable and their possession of weapons was required by agency policies
governing the execution of search warrants and was. therefore, legally
reasonable; nor did the court err in granting the defendant agents summary
judgment on plaintiff's claim that the agents unlawfully seized certain
property as a reasonable agent could believe the disputed items were
covered by the warrant; detention of employees in a break room while the
agents conducted the search was justified by governmental interests and
was not particularly intrusive; the length of detention was reasonable
given the time it took to complete the search of plaintiff's facility;
there was no evidence showing that the interrogations at issue prolonged
the employees' detention beyond a reasonable time; the agents' actions in
denying the employees access to phones or seizing the phones was entitled
to qualified immunity as the court is unaware of any cases invalidating a
seizure of detainees' cell phones during the execution of a warrant; while
there is evidence that unidentified federal agents pushed two of the
employees and pointed a gun at a third, there was no evidence the two
named defendants participated in, ordered or condoned the alleged use of
excessive force, and they were entitled to summary judgment on the claims.