Nature of the Case
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Facts
Operation Gunsmoke was a fugitive apprehension program in which U.S. Marshals worked with state and local police to apprehend dangerous criminals. The program was quite effect and ultimately resulted in over 3,000 arrests in 40 metropolitan areas. Wilson was one of the fugitives targeted. Wilson had violated probation on previous felony robbery, theft, and assault convictions. Wilson was considered to be armed and dangerous, likely to resist arrest and to assault police officers. Wilson's address was listed as the home of his parents, Charles and Geraldine Wilson (P). The police did not know that this was the home of Wilson's parents. Arrest warrants were issued for Wilson and the warrants that were issued made no mention of the media presence or assistance. The team assembled to execute the warrants, and a reporter and photographer from the Washington Post decided to ride along. They had been invited by the Marshals. At 6:45 am, the officers with media in tow entered the home surprising Ps. P responded to the intrusion by running to his living room in a pair of briefs to investigate. P discovered five men in street clothes with guns and angrily demanded that they state their business. P repeatedly cursed the officers who subdued him on the floor. Geraldine then joined the commotion wearing only a nightgown and observed her husband being restrained by armed officers. When the protective sweep was finished, the officers departed, and while this was ongoing, the reporter took several pictures. Ps sued the federals under Bivens and the locals under section 1983 for money damages contending that bringing reporters with them violated their Fourth Amendment rights. The District Court denied a motion for summary judgment as the officers had qualified immunity. The Court of Appeals affirmed. The Supreme Court granted certiorari.
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