What is the test for overturning a finding that a plaintiff has satisfied the elements of a prima facie case of a Fourth Amendment violation?
MultiRegion, United States of America
The following excerpt is from Gonzalez-Rivera v. I.N.S., 22 F.3d 1441 (9th Cir. 1994):
A court's conclusion as to whether a plaintiff has satisfied the elements of a prima facie case of a Fourth Amendment violation is reviewed de novo, but the underlying factual findings may be reversed only if the evidence is such that no reasonable fact-finder could agree with the BIA. INS v. Elias-Zacarias, --- U.S. ----, 112 S.Ct. 812, 817, 117 L.Ed.2d 38 (1992).
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