Hanlon v. Berger, 526 U.S. 808 (1999)

Hanlon v. Berger


No. 97-1927


Decided May 24, 1999
526 U.S. 808

ON WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Respondents filed this suit for damages under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, alleging that petitioners -- United States Fish and Wildlife Service special agents and an assistant United States attorney -- violated their Fourth Amendment rights when the agents, accompanied by Cable News Network, Inc., photographers and reporters, searched respondents’ ranch and its outbuildings pursuant to a warrant.

Held: although respondents allege a Fourth Amendment violation under Wilson v. Layne, ante, p. 603, petitioners are entitled to a qualified immunity defense. In Wilson, this Court held that police violate homeowners’ Fourth Amendment rights when they allow the media to accompany them during the execution of a warrant in a home, but that, because the law was not clearly established before today, the police in that case were entitled to a qualified immunity defense. Wilson makes clear that respondents’ right was not established in 1992, and the parties here have cited no decisions which would have made the law any clearer when this search took place a year later.

129 F.3d 505 vacated and remanded.