Int'l Islamic Cmty. of Masjid Baytulkhaliq, Inc. v. U.S. & Dir. of the Drug Enforcement Admin.
| Decision Date | 29 August 1997 |
| Docket Number | Civil No. 1993–166. |
| Citation | 37 V.I. 287 |
| Parties | THE INTERNATIONAL ISLAMIC COMMUNITY OF MASJID BAYTULKHALIQ, INC., Imam Abdallah Yasin and Imam Abdallah Yasin as father next of kin for Muhammad Yasmeen and Asmaa Yasin, his minor children, Aminah Bayyan Yasin and Aminah Bayyan Yasin as next of kin for her minor granddaughter Tahirah Bell, Jannah Carter Yasin and Jannah Carter Yasin as mother next of kin for Anita, Ernest, Hilda and Caril McCurdy, her minor children, Plaintiffs, v. UNITED STATES of America and Director of the Drug Enforcement Administration, Director of the Bureau of Alcohol, Tobacco and Firearms, the Government of the Virgin Islands, Milton Frett, Commissioner of Public Safety Carl Jackson, Director of Narcotics Strike Force, Law Enforcement Planning Commission, Gaylord Sprauve, Drug Policy Advisor to the Governor, and all Federal and Virgin Islands Law Enforcement Officers who participated in the raid individually, Defendants. |
| Court | U.S. District Court — Virgin Islands |
OPINION TEXT STARTS HERE
Pro se federal firearms licensee and others brought action against United States, federal officers, Government of Virgin Islands, and Virgin Island officers, alleging variety of claims in connection with, inter alia, narcotics search and initial denial of license renewal. On motions by defendants for summary judgment, or treated as motions for summary judgment, the District Court, Moore, Chief Judge, held that: (1) plaintiffs failed to show that federal defendants took part in planning or execution of search warrant; (2) there was no evidence of conspiracy by federal defendants; (3) firearms licensing procedure did not violate procedural or substantive due process; (4) federal defendants were not liable for any wrongful search on agency theory; (5) individual federal defendants were immune from suit for common law torts under Federal Tort Claims Act (FTCA); (6) § 1983 did not apply to federal defendants; (7) warrantless firearms inspection pursuant to statute does not violate Fourth Amendment; (7) respondeat superior provided no basis for liability of federal defendants on Bivens claims; (8) FTCA provided no bases for relief against federal defendants; (9) Virgin Islands officers were entitled to qualified immunity regarding warrant application and execution; (10) plaintiffs failed to establish claims of negligent or intentional infliction of emotional distress against Virgin Islands officers; (11) plaintiffs failed to state claim for defamation against Virgin Islands officers; (12) plaintiffs failed to establish negligence claims against Virgin Islands officers; (13) Government of Virgin Islands and Virgin Islands officers in their official capacity were not “persons” under § 1983; (14) Bivens claim was not appropriate where remedy under § 1983 was available; and (15) plaintiffs failed to establish claims of procedural or due process violations against Virgin Islands officers.
Summary judgment for defendants granted.
Judges and Attorneys
District Court of the Virgin Islands, Division of St. Croix.
THE INTERNATIONAL ISLAMIC COMMUNITY OF MASJID BAYTULKHALIQ, INC., Imam Abdallah Yasin and Imam Abdallah Yasin as father next of kin for Muhammad Yasmeen and Asmaa Yasin, his minor children, Aminah Bayyan Yasin and Aminah Bayyan Yasin as next of kin for her minor granddaughter Tahirah Bell, Jannah Carter Yasin and Jannah Carter Yasin as mother next of kin for Anita, Ernest, Hilda and Caril McCurdy, her minor children, Plaintiffs,
v.
UNITED STATES of America and Director of the Drug Enforcement Administration, Director of the Bureau of Alcohol, Tobacco and Firearms, the Government of the Virgin Islands, Milton Frett, Commissioner of Public Safety Carl Jackson, Director of Narcotics Strike Force, Law Enforcement Planning Commission, Gaylord Sprauve, Drug Policy Advisor to the Governor, and all Federal and Virgin Islands Law Enforcement Officers who participated in the raid individually, Defendants.
Aug. 29, 1997.
Pro se federal firearms licensee and others brought action against United States, federal officers, Government of Virgin Islands, and Virgin Island officers, alleging variety of claims in connection with, inter alia, narcotics search and initial denial of license renewal. On motions by defendants for summary judgment, or treated as motions for summary judgment, the District Court, Moore, Chief Judge, held that: (1) plaintiffs failed to show that federal defendants took part in planning or execution of search warrant; (2) there was no evidence of conspiracy by federal defendants; (3) firearms licensing procedure did not violate procedural or substantive due process; (4) federal defendants were not liable for any wrongful search on agency theory; (5) individual federal defendants were immune from suit for common law torts under Federal Tort Claims Act (FTCA); (6) § 1983 did not apply to federal defendants; (7) warrantless firearms inspection pursuant to statute does not violate Fourth Amendment; (7) respondeat superior provided no basis for liability of federal defendants on Bivens claims; (8) FTCA provided no bases for relief against federal defendants; (9) Virgin Islands officers were entitled to qualified immunity regarding warrant application and execution; (10) plaintiffs failed to establish claims of negligent or intentional infliction of emotional distress against Virgin Islands officers; (11) plaintiffs failed to state claim for defamation against Virgin Islands officers; (12) plaintiffs failed to establish negligence claims against Virgin Islands officers; (13) Government of Virgin Islands and Virgin Islands officers in their official capacity were not “persons” under § 1983; (14) Bivens claim was not appropriate where remedy under § 1983 was available; and (15) plaintiffs failed to establish claims of procedural or due process violations against Virgin Islands officers.
Summary judgment for defendants granted. Jannah Carter Yasin, Fredriksted St. Croix, VI, for plaintiffs.
Imam Abdallah Yasin, Fredriksted St. Croix, VI, Pro Se.
Michael A. Humphreys, Christiansted St. Croix, VI, for defendant U.S. and individual federal defendants.
W. Bartlett Ary, Christiansted St. Croix, VI, for defendant Virgin Islands and individual territorial defendants.
Defendant the United States of America and the other federal defendants have filed a motion for the entry of summary judgment. The Government of the Virgin Islands and the other territorial defendants have also filed a motion to dismiss, for which the Court gave all parties notice that it would be treated as a motion for summary judgment. For the reasons set forth in this Memorandum, summary judgment will be granted in favor of all defendants, and the case will be closed.
I. FACTS
In July 1989, Inspector Rene Zapata of the Bureau of Alcohol, Tobacco and Firearms [“ATF”] conducted a compliance inspection of the firearms business of plaintiff Imam Yasin, a federal firearms licensee.1 During the inspection, Inspector Zapata learned that Imam Yasin had not been issued a local business license, nor had he maintained a business premises,2 and recommended that Yasin's federal firearms license [“FFL”] not be renewed.
Based on Zapata's investigation, Yasin's application for renewal of his FFL was denied by ATF on January 4, 1990. On the same date, Imam Yasin was advised of his right to appeal this preliminary administrative ruling, which he did. During this appeals process, Yasin furnished ATF with a local business license, which caused ATF to reverse its decision and renew Yasin's FFL on May 25, 1990.
On or about August 11, 1992, Inspector Zapata conducted another compliance investigation of Yasin's firearms business. This inspection had been requested by ATF Special Agent Michael C. Huckaby after Huckaby traced a firearm used in a crime to Yasin's firearms business. This inspection disclosed no violations and Zapata recommended no further action.
On November 13, 1992, Willie Bourda, a supervisory agent with the Narcotic Strike Force [“NSF”], prepared an affidavit in support of an application for a search warrant stating that there was probable cause to believe that illegal firearms and narcotics were being housed at a residence located in Estate Montpelier, Frederiksted, St. Croix. A search warrant based on this affidavit was signed by the United States Magistrate Judge, on November 13, 1992.
On November 14, 1992, at approximately 5:30 a.m., Agent Michael C. Huckaby, the senior ATF Agent assigned to the Virgin Islands, attended the pre-search briefing at the Virgin Islands Police Department Canine Office. In attendance were members of the NSF and the Virgin Islands Police Department [“VIPD”]. No representative from the United States Attorney's Office or the Drug Enforcement Administration [“DEA”] was present at the meeting. Mr. Huckaby was the sole federal officer present.
At the meeting, Agent Huckaby learned that the targeted location was the premises of an individual holding an FFL pursuant to the Gun Control Act of 1968.3 In order for Agent Huckaby to participate in a search of FFL premises, he would have to obtain supervisory approval. Due to the short time allowed, Huckaby declined to participate in the search in any way.4
On November 14, 1992., at approximately 6:30 a.m., the NSF and VIPD executed the search warrant on plaintiff Imam Abdallah Yasin's home at 34 C Estate Orange Grove, Frederiksted, St. Croix. The affidavit and warrant described the premises to be searched as a cream colored one-story house located in Estate Montpellier, Fredriksted, St. Croix. The name of the persons residing at the address did not appear on the warrant. The stated purpose of the warrant was to search and seize, among other things, illicit narcotics and firearms.
At the commencement of the search, Plaintiff Imam Abdallah Yasin was present when the officers began the search and told them that...
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