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COOPER v. BONAVENTURA

No. 7:06CV00053.

470 F.Supp.2d 642 (2007)

Tonia Laverne COOPER, Plaintiff, v. Ronald BONAVENTURA, Jr., et al., Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

January 25, 2007.

Attorney(s) appearing for the Case

Burton L. Albert, Roanoke, VA, for Plaintiff.

Charles S. Leeper and James K. Webber, Drinker Biddle & Reath LLP, Washington, DC, for Defendant Ronald Bonaventura, Jr.

OPINION AND ORDER

JONES, Chief Judge.

The question in this Bivens action is whether a federal agent is entitled to qualified immunity where he forcibly seized a small recording tape from the plaintiff after she placed it in her mouth to prevent the agent from obtaining it. Based on all of the circumstances of the encounter between the plaintiff and the agent, I find that he is entitled to qualified immunity and will dismiss the action against him...

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