PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 17-1519 ________________ CARLYLE BRYAN; JULIE BEBERMAN; CHARLES FRANCIS, Appellants v. UNITED STATES OF AMERICA; UNKNOWN OFFICERS OF THE DEPARTMENT OF HOMELAND SECURITY; BUREAU OF CUSTOMS & BORDER PROTECTION; CUSTOMS AND BORDER PROTECTION OFFICERS JOHN MAZUR; JAMIE DEMARAIS; OBED TORRES; WILLIAM SANTIAGO; ORLANDO BAEZ; TIMOTHY OGG; ANDRES VAZQUEZ; JOEL OSORIO; JUAN GRACIA; GREGORY DEFELICE ________________ Appeal from the District Court of the Virgin Islands (Division of St. Croix) (D.C. Civil Action No. 1-10-cv-00066) District Judge: Honorable Wilma A. Lewis ________________ Argued on May 22, 2018 Before: KRAUSE, ROTH and FISHER, Circuit Judges (Opinion filed: January 18, 2019) David M. Nissman, (Argued) McChain Nissman Law Group 53A Company Street Christiansted, VI 00820 Counsel for Appellants Samantha L. Chaifetz (Argued) Joycelyn Hewett Chad A. Readler Mark B. Stern United States Department of Justice Appellate Section Room 7248 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Jeffrey E. Sandberg United States Department of Justice Civil Division Room 7214 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Counsel for Appellee ________________ OPINION ________________ ROTH, Circuit Judge In 2008, Carlyle Bryan, Julie Beberman, and Charles Francis (the travelers), residents of St. Croix in the U.S. Virgin Islands, embarked on a Caribbean cruise aboard the Adventure of the Seas. Their trip took them to a number of foreign ports before they returned to the United States. During their trip, U.S. Customs and Border Protection (CBP) officers searched their cabins on suspicion of drug-smuggling activity. Those searches yielded no contraband and prompted the three travelers to assert Bivens claims1 against the officers for allegedly violating their Fourth Amendment rights. They also asserted tort claims against the United States government under the Federal Tort Claims Act (FTCA or the Act). The District Court of the Virgin Islands granted summary judgment in favor of the officers and the government. 1 Bivens provides for private rights of action against federal officials for certain constitutional violations. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). 2 Because we conclude that the officers are entitled to qualified immunity and the United States government is shielded from liability under the FTCA’s discretionary function exception, we will affirm. I. The Cruise The cruise lasted from August 31 to September 7, 2008. Beberman had booked two cabins for the three travelers: one for Bryan and herself, and a second for Francis. The cruise began in the United States. They sailed from San Juan, Puerto Rico, stopped at several foreign ports, including Antigua, Barbados, St. Lucia, and St. Maarten, proceeded to St. Thomas in the U.S. Virgin Islands, and returned to San Juan. The travelers had to pass through a CBP checkpoint in San Juan before boarding the ship. Bryan and Beberman went through without incident. Francis’s trip through the checkpoint was not so smooth. When a CBP officer asked Francis what his occupation was, he hesitated and then said “oil change.” (Francis worked with automobiles and changed motor oil.) CBP ...
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