CA9: Hernandez bars Bivens claim against false arrest in Thailand U.S. allegedly participated in

“As in Hernandez, ‘it is glaringly obvious that [Hobbs’s] claims involve a new context.’ Id. at 744. And the same extraterritorial concerns that foreclosed a Bivens claim in Hernandez apply here with greater force. Unlike in Hernandez, all of the critical events that provide the basis for Hobbs’s constitutional claims occurred in Thailand. To recognize a malicious-prosecution suit in this context would touch upon relations between the Thai and American governments, given that Hobbs was arrested and prosecuted by the Royal Thai Police. Hobbs stresses that Devine–not Thai authorities–orchestrated the wrongful accusation, but that argument does not undermine the strong presumption against interfering in the Executive Branch’s relations with foreign countries. These same concerns also apply to Hobbs’s Fourth Amendment false-arrest claim. The district court did not err in dismissing Hobbs’s complaint.” Hobbs v. Devine, 2020 U.S. App. LEXIS 27835 (9th Cir. Sept. 1, 2020).