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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.