Reagan v. Peterson et al

Filing 45

ORDER ACCEPTING THE 41 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendants' 30 Motion to Dismiss all Bivens claims and potential Bivens claims as precluded by CAFRA is denied. Plaintiff is granted thirty days after the record is supplemented to file an Amended Complaint. (Ordered by Judge Barbara M.G. Lynn on 12/22/2011) (ykp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DARREN L. REAGAN,
Plaintiff,

P. KAY PETERSON, Special Agent,
FEDERAL BUREAU OF
INVESTIGATION, ALAN HAMPTON,
Special Agent, Internal Revenue Service -

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Criminal Investigation, and OTHER

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UNKNOWN NAMED AGENTS OF THE

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FBI,

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v.

Defendants.

Civil Action No. 3:11-CV-00004-M-BF

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ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions, and Recommendation of
United States Magistrate Judge Paul D. Stickney. Plaintiff filed objections on December 9, 2011,
and the District Court has made a de novo review of those portions of the proposed Findings,
Conclusions, and Recommendation to which objection was made. Except to correct the references
to 18 U.S.C. § 1331, which should be to 28 U.S.C. § 1331, the objections are overruled, and the
Court accepts the Findings, Conclusions, and Recommendation of the United States Magistrate
Judge.
Defendants’ Motion to Dismiss all Bivens claims and potential Bivens claims as precluded
by CAFRA is denied. Plaintiff’s claims for unconstitutional seizure of the Lexus cars against
Peterson and Hampton are dismissed with prejudice based upon qualified immunity. Pursuant to the
Court’s general equity jurisdiction on a motion for return of property and the government’s offer to
supplement the record, the government shall, within twenty days, supplement the record by making

to Plaintiff and to the Court the disclosures detailed in the United States Magistrate Judge’s findings.
Plaintiff is granted thirty days after the record is supplemented to file an Amended Complaint
related to what he learns occurred after the vehicles were seized.
SO ORDERED this 22nd day of December, 2011.

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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS

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