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Paul W. Berger and Erma R. Berger v. Rodney C. Hanlon Joel Scrafford Richard C. Branzell Robert Prieksat Kris A. McLean Turner Broadcasting System, Inc., a Georgia Corporation Robert Rainey Donald Hooper United States of America, Paul W. Berger and Erma R. Berger v. Jack Hamann Cable News Network, Inc., a Georgia Corporation

Citation: 188 F.3d 1155Docket: 96-35251

Court: Court of Appeals for the Ninth Circuit; November 3, 1999; Federal Appellate Court

Narrative Opinion Summary

The Ninth Circuit Court of Appeals adjudicated a case involving the plaintiffs, who contended that federal officers and media representatives violated their Fourth Amendment rights during the execution of a search warrant. Following a Supreme Court remand, it was established that a Fourth Amendment violation occurred when federal officers allowed media presence without consent. Nevertheless, the officers were shielded by qualified immunity due to the unclear legal standards at the time. Conversely, the media defendants were deemed potential joint violators of the Fourth Amendment, thereby reversing the district court's summary judgment in their favor. Additionally, the court reversed the district court's dismissal of the plaintiffs' state law claims for trespass and intentional infliction of emotional distress, while affirming the dismissal of claims under the Federal Wiretap Act and conversion. The decision resulted in a partial affirmation and reversal, remanding the case for further proceedings, with all parties bearing their own costs. This opinion supersedes the earlier November 1997 decision, establishing the standing opinion from August 27, 1999.

Legal Issues Addressed

Federal Wiretap Act and Conversion Claims

Application: The court affirmed the district court's judgment in favor of the media defendants regarding the Federal Wiretap Act claim and the state law claim for conversion.

Reasoning: However, the court affirmed the lower court's judgment against the media defendants concerning the Federal Wiretap Act claim and the state law claim for conversion.

Fourth Amendment Violation by Federal Officers

Application: The Supreme Court confirmed that the federal officers' actions constituted a Fourth Amendment violation by allowing media personnel to accompany them during the execution of a search warrant without the plaintiffs' consent.

Reasoning: The Supreme Court confirmed that the Bergers had sufficiently stated a Fourth Amendment violation by alleging that federal officers allowed media personnel to accompany them during a search warrant execution without the Bergers' consent.

Fourth Amendment Violation by Media Defendants

Application: The Ninth Circuit ruled that the media defendants could be considered joint actors with the federal officers and potentially violated the Fourth Amendment, reversing the district court's summary judgment in favor of the media.

Reasoning: Regarding the media defendants, the Ninth Circuit reversed the district court's summary judgment, ruling that the Bergers had adequately claimed that the media acted as 'joint actors' with the federal officers, thereby potentially violating the Fourth Amendment.

Qualified Immunity for Federal Officers

Application: The federal officers were granted qualified immunity because the legal standards regarding the conduct in question were not clearly established at the time of the incident.

Reasoning: However, the officers were granted qualified immunity because the legal standards regarding such actions were not clearly established at the time of the incident in March 1993, leading to the affirmation of the district court's summary judgment in favor of the federal officers.

State Law Claims for Trespass and Emotional Distress

Application: The Ninth Circuit reversed the district court's decision against the Bergers on their state law claims for trespass and intentional infliction of emotional distress, allowing these claims to proceed.

Reasoning: The Ninth Circuit also reversed the district court's ruling on the Bergers' state law claims for trespass and intentional infliction of emotional distress.