No. 23-1761

JAROSLAV HORNOF, a resident and citizen of the Czech Republic; DAMIR KORDIC, a resident and citizen of Croatia; LUKAS ZAK, a resident and citizen of the Slovak Republic,

Plaintiffs, Appellants,

v.

UNITED STATES; UNITED STATES DEPARTMENT OF JUSTICE; UNITED STATES COAST GUARD; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; SHANE N. WALLER, a former employee of the United States Department of Justice; JOHN D. CASHMAN, an employee of the United States Department of Justice; RICHARD UDEL, an employee of the United States Department of Justice; MICHAEL A. FAZIO, Commander, First Coast Guard District of the United States Coast Guard; MICHAEL BAROODY, Captain and Commanding Officer, United States Coast Guard, Sector Northern New England; JON D. LAVALLEE, Lieutenant, First Coast Guard District Legal Office; MARK ROOT, Special Agent, United States Coast Guard Investigative Service; CHRISTY DOYLE, a citizen of Maine employed by the United States Customs and Border Protection; SHANNON TRUE, a citizen of Maine employed by the United States Customs and Border Protection,

Defendants, Appellees,

KEITH FLEMING, Port Director, Custom and Border Protection, South Portland, Maine,

Defendant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

[Hon. Jon D. Levy, U.S. District Judge] Before

Kayatta, Howard, and Gelpí, Circuit Judges.

Edward S. MacColl, with whom Marshall J. Tinkle, and Thompson, Bull, Bass & MacColl, LLC, P.A., were on brief, for appellants.

Anne Murphy, Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Brian M. Boynton, Principal Deputy Assistant Attorney General, Darcie N. McElwee, United States Attorney, and Charles W. Scarborough, Attorney, Appellate Staff, were on brief, for appellees.

July 15, 2024 GELPÍ, Circuit Judge. Jaroslav Hornof ("Hornof"), Damir Kordic ("Kordic"), and Lukas Zak ("Zak") (collectively, "Plaintiffs") were crewmembers aboard the MARGUERITA, a vessel that was allegedly unlawfully disposing of bilge water and improperly keeping records. The MARGUERITA was held in-port in Maine, and Plaintiffs were ordered to remain in the United States as potential material witnesses to the wrongdoing. Plaintiffs were later permitted to leave the United States, returned for trial, and were awarded for their contributions to conviction. As a result of their detention and parole order to remain in the United States, Plaintiffs filed suit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act ("FTCA"), against the United States, the United States Department of Justice ("DOJ"), the United States Coast Guard ("Coast Guard"), the United States Department of Homeland Security ("DHS"), and nine Government Officials in their individual capacities (collectively, "Government" or "Defendants").1 The district court dismissed the Bivens claim and

Plaintiffs' Bivens claim was for alleged violations of their 1 Fourth, Fifth, Sixth, and Thirteenth Amendment rights. The FTCA claims included false imprisonment, false arrest, abuse of process, and intentional infliction of emotional distress. In addition, but not at issue on appeal, Plaintiffs brought claims against the individual Defendants under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), and claims against the Defendants collectively under the Act to Prevent Pollution from Ships, Pub. L. 96-478, 94 Stat. 2297 (1980