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German A. Soto-Torres v. Luis Fraticelli, Special Agent In Charge

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

The question before us is whether the Special Agent in Charge (SAC) of the FBI’s Puerto Rico operations, Luis Fraticelli, who is sued in his individual capacity, is entitled to qualified immunity on the grounds that German A. Soto-Torres’s second amended complaint failed to meet the requirements of Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Soto-Torres brought suit asserting claims of unlawful detention and excessive force under a Bivens theory. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

Soto-Torres complains of actions during the September 23, 2005, execution of a search warrant by FBI or other federal agents on the residence of Filiberto Ojeda Rios, a notorious fugitive and convicted felon who was thought to be dangerous and hiding in a house in Hormigueros, Puerto Rico. That house was near the property of Soto-Torres’s parents. The complaint alleges that, in the course of these operations, unnamed FBI agents assaulted Soto-Torres, pushed him to the ground and handcuffed him, and detained him in handcuffs for approximately four hours without explaining the basis of his detention. Although SAC Fraticelli was in charge of the operation, he was not present during the operation and had no personal contact with Soto-Torres.

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