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Plaintiff Miriam Aide Carcamo-Lopez sued Border Patrol Agent Ricardo R. Montalvo and the U.S. Government after she was run over by Montalvo's vehicle during an attempted illegal border crossing. The lawsuit asserted Bivens claims against Montalvo for Fourth and Fifth Amendment violations, and Federal Tort Claims Act (FTCA) claims against the government for assault, battery, and negligence. The court granted summary judgment for Montalvo on the Bivens claims, finding no evidence of intentional action for Fourth Amendment purposes and no violation of clearly established Fifth Amendment rights for reckless conduct. The court also granted the government partial summary judgment on assault and battery claims related to the incident, again citing lack of intentional or reckless conduct. However, the court denied the government's summary judgment requests regarding the discretionary function exception, the Texas Transportation Code's emergency vehicle liability limits, and the unlawful acts rule, allowing the negligence claim to proceed on those specific points.
Carcamo-Lopez v. Does 1 through 20 is a workers' compensation case decided in District Court, W.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, W.D. Texas.
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Plaintiff Miriam Aide Carcamo-Lopez sued Border Patrol Agent Ricardo R. Montalvo and the U.S. Government after she was run over by Montalvo's vehicle during an attempted illegal border crossing. The lawsuit asserted Bivens claims against Montalvo for Fourth and Fifth Amendment violations, and Federal Tort Claims Act (FTCA) claims against the government for assault, battery, and negligence. The court granted summary judgment for Montalvo on the Bivens claims, finding no evidence of intentional action for Fourth Amendment purposes and no violation of clearly established Fifth Amendment rights for reckless conduct. The court also granted the government partial summary judgment on assault and battery claims related to the incident, again citing lack of intentional or reckless conduct. However, the court denied the government's summary judgment requests regarding the discretionary function exception, the Texas Transportation Code's emergency vehicle liability limits, and the unlawful acts rule, allowing the negligence claim to proceed on those specific points.
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