Keil v. Triveline
2011 U.S. App. LEXIS 23247
| 8th Cir. | 2011Background
- Keil was arrested on September 9, 2008, by federal agents for immigration violations; charges were later dismissed, and he sued the agents under Bivens for Fourth and Fifth Amendment violations.
- ICE investigated a Branson, Missouri theater for employing Samoan performers on potentially invalid visas and to determine if work outside visa scope occurred.
- Performers stated Keil recruited them and told them to work at a delicatessen and motel beyond their performing duties, and to misstate work on visa interviews.
- Foster discovered Keil’s inconsistent citizenship representations, found U.S. passport use, and noted Keil’s claimed birth outside the United States despite foreign-born status of his parents.
- CIS concluded Keil was not a U.S. citizen; Keil had previously sought citizenship through his mother and had not provided adequate evidence.
- Arresting agents later based arrest on arguable probable cause that Keil violated federal statutes related to visa fraud and misrepresentation of citizenship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was arguable probable cause for arrest. | Keil argues there was no probable cause to arrest for visa or citizenship offenses. | Agents had arguable probable cause based on Keil’s role in arranging visas and instructing misrepresentations. | Arguable probable cause existed for one or more offenses. |
| Role of §2705(1) in citizenship proof affecting §911/§1544 liability. | Passport proves citizenship by operation of law, precluding §911/§1544 liability. | §2705(1) is administrative proof only; does not bar criminal liability. | §2705(1) does not clearly bar criminal liability; reasonable grounds for arrest remained. |
| Whether qualified immunity was appropriate given the arrest. | Arrest violated clearly established rights by lacking probable cause. | Arrest was reasonable with arguable probable cause; immunity applies if reasonable under the circumstances. | District court properly granted summary judgment on qualified immunity; arguable probable cause supported arrest. |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (establishes standard for qualified immunity)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (teaches two-step qualified-immunity analysis)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (arrest lawful with probable cause to a different offense)
- Lawyer v. City of Council Bluffs, 361 F.3d 1099 (8th Cir. 2004) (arguable probable cause requirement discussed in arrest context)
- Amrine v. Brooks, 522 F.3d 823 (8th Cir. 2008) (arrest may be valid with arguable probable cause even if mistaken)
- Krout v. Goemmer, 583 F.3d 557 (8th Cir. 2009) (framework for reviewing qualified immunity de novo)
- United States v. Maciel-Alcala, 612 F.3d 1092 (9th Cir. 2010) (passport use can support §911 conviction despite citizenship questions)
- United States v. Gomez-Castro, 605 F.3d 1245 (11th Cir. 2010) (passport-based claims and citizenship status discussed in context)
- United States v. Clarke, 628 F.Supp.2d 1 (D.D.C. 2009) (possession of passport as evidence of citizenship status in specific contexts)