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.
191878P.pdf 05/13/2020 Hope White v. United States
U.S. Court of Appeals Case No: 19-1878
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges]
Civil case - Federal Tort Claims Act. There was no indication the
government intentionally destroyed the original recordings of the shooting
incident in question in order to suppress the truth, and the district
court did not err in deciding not to draw a negative inference from
deletion of the data; in light of the facts, the district court properly
determined BATF Agent Hansen reasonably believed deadly force was
necessary to protect himself and other agents and that he acted reasonably
by firing his weapon and killing plaintiff's decedent; the Federal Tort
Claims judgment for the United States bars plaintiff's Bivens action and
the matter must be remanded to the district court with directions to
vacate the judgment for Hansen on the Bivens claim and dismiss the claim.