Page:United States Reports 502 OCT. TERM 1991.pdf/384

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HUNTER v. BRYANT Per Curiam

Hunter and Jordan arrested Bryant for making threats against the President, in violation of 18 U. S. C. § 871(a).* Bryant was arraigned and held without bond until May 17, 1985, when the criminal complaint was dismissed on the Government’s motion. Bryant subsequently sued agents Hunter and Jordan, the United States Department of the Treasury, and the Director of the Secret Service, seeking recovery under the Federal Tort Claims Act and alleging that the agents had violated his rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments. See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). The District Court dismissed all defendants other than agents Hunter and Jordan and all causes of action other than Bryant’s Fourth Amendment claims for arrest without probable cause and without a warrant. The court denied the agents’ motion for summary judgment on qualified immunity grounds. On appeal, a Ninth Circuit panel held that the agents were entitled to qualified immunity for arresting Bryant without a warrant because, at that time, the warrant requirement was not clearly established for situations in which the arrestee had consented to the agents’ entry into a residence. 903 F. 2d, at 723–724. However, the panel divided on the question whether the agents were entitled to immunity on the claim that they had “Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined not more than $1,000 or imprisoned not more than five years, or both.”
 * Title 18 U. S. C. § 871(a) provides: