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Action Claiming that BATF Agent Used Excessive Force, and Criminal Matter

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By FindLaw Staff on June 04, 2010 3:05 PM

Thomas v. Durastanti, 07-3343, involved an action claiming that a BATF agent violated plaintiff's Fourth Amendment right to be free from unreasonable seizures when the agent shot plaintiff.  The court of appeals reversed the denial of summary judgment based on qualified immunity, holding that a reasonable officer would have had probable cause to believe that there was a threat of serious physical harm to himself or others in the situation presented.

In US v. Adame-Orozco, No. 09-3296, the Tenth Circuit affirmed defendant's conviction for illegally reentering the U.S. after a prior deportation, holding that defendant was never improperly deprived of the opportunity for judicial review in his federal deportation proceedings, because 8 U.S.C. section 1326(d) did not guarantee judicial review in state court of defendant's underlying state felony convictions.

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