Fazaga v. FBI, 916 F.3d 1202

Agent defendants are “entitled to qualified immunity with respect to this category of surveillance.” 916 F.3d at 1220. Agent defendants not entitled to qualified immunity “for recordings made by devices planted by FBI agents in [defendant]’s house and [defendant]’s office.” See id. at 1225. Agent supervisors not liable for Agent’s actions. See id. at 1224–25. District court “should not have dismissed” claims regarding “Fourth Amendment and FISA claims based on [Government’s] invocation of the privilege.” Id. at 1228.

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