March 21, 2023
Firm lawyers Elizabeth Wolstein, Douglas Grover, David Goldsmith and Michael Brodlieb obtained dismissal of Fourth and Fifth Amendment Bivens claims against our client, an ICE deportation officer. The case arose out of a February 2020 enforcement operation in Brooklyn. According to the complaint, the firm’s client shot plaintiff in the course of a struggle with the target of the enforcement operation taking place outside the target’s residence. In its March 20, 2023 decision granting the client’s motion to dismiss, the Eastern District of NY court agreed that, under the U.S. Supreme Court’s recent Bivens precedents, no Bivens claim could lie in these circumstances.
You can read the court’s decision here.