Judge Naomi Reice Buchwald
Liriano sued U.S. Immigration and Customs Enforcement (ICE), Deportation Officer Flanagan and “six to seven” unknown ICE agents who participated in his arrest. Liriano asserted claims against the U.S. under the Federal Tort Claims Act for physical and emotional trauma suffered as a result of his arrest at his Bronx apartment, and claims against the individual officers under Bivens for constitutional violations. Defendants contended that Flanagan and the other arresting officers were entitled to qualified immunity on any constitutional claims against them. The court dismissed the Bivens claims. Liriano was unable to sustain a claim that the officers’ conduct constituted unlawful entry. The officers held a reasonable belief that Liriano resided at the apartment and had reason to believe he was present when they eventually entered. Also, Liriano failed to establish a viable claim of excessive force with respect to the manner in which the officers entered the apartment. It was not excessive for the officers to draw their weapons when entering the unit pursuant to an arrest warrant, especially given Liriano’s refusal to open the apartment door for a full five hours.
