Full opinion text
MEMORANDUM AND ORDER KOPF, District Judge. At approximately 9:38 p.m. on a spring evening in 1992, agents of the Federal Bureau of Investigation (FBI), looking for evidence of illegal wiretapping, executed a search warrant at the home of Eddie L. Cole, Jr. (Cole). Cole, his wife, and their three children lived in a small town in rural Nebraska where Cole was and is manager of the local telephone company. It now appears that the strange noise that aroused the FBI’s concern was produced by malfunctioning telephone equipment. Outraged by the conduct of the FBI, Cole, his wife, and their children sued the United States, FBI agents Ronald Rawalt (Rawalt) and Robert Howen (Howen), and “five unknown FBI agents.” (Filing 12 1st Am. Compl.) Plaintiffs’ seven claims may be summarized as follows: 1. Rawalt made misstatements and omissions in the search-warrant application, and Howen made negligent statements that were incorporated in the search-warrant application, resulting in an unlawful search of the Cole residence in violation of the Fourth Amendment, such violation being a constitutional tort redressable under the doctrine announced in Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) [hereinafter Bivens ]. (Id. ¶¶ 42-48.) 2. Rawalt, Howen, and the five unknown FBI agents executed the search warrant in an unreasonable manner by (a) conducting the search until the early morning hours when the search was limited to execution during the day; (b) “arresting” Plaintiffs without probable cause; and (c) otherwise executing the warrant in an “uncalled-for manner” in violation of the Fourth and Fifth Amendments, such violation being a constitutional tort redressable under the doctrine announced in Bivens. (Id. ¶¶ 49-58.) 3. In violation of the Fifth Amendment, Rawalt, Howen, and the five unknown FBI agents deprived Plaintiffs of their right to consult counsel when the agents told Carol Cole she was not to have an attorney present during the search, such violation being a constitutional tort redressable under the doctrine announced in Bivens. (Id. ¶¶ 59-64.) 4. In violation of the Fourth and Fifth Amendments, Rawalt, Howen, and the five unknown FBI agents seized Plaintiffs during the execution of the search warrant even though the warrant authorized no such seizure, such violation being a constitutional tort redressable under the doctrine announced in Bivens. (Id. ¶¶ 65-70.) . 5. Rawalt, Howen, and the five unknown FBI agents intentionally restricted Plaintiffs’ movements within the Cole home during the execution of the search warrant without leaving a reasonable means of egress and thereby falsely imprisoned the Plaintiffs, such violation being redressable under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (FTCA). (Id. ¶¶ 71-76.) 6. Rawalt, Howen, and the five unknown FBI agents intentionally caused Plaintiffs severe emotional distress by frightening them during the execution of the search warrant, such violation being redressable under the FTCA. (Id. ¶¶ 77-81.) 7. Howen negligently tested and analyzed a tape recording containing alleged “unusual noises,” which negligence resulted in the filing of a defective application for search warrant and the issuance of a search warrant that would not have been issued but for such negligence, such violation being redressable under the FTCA. (Id. ¶¶ 82-86.) Defendants have filed a motion to dismiss or, in the alternative, for summary judgment. (Filing 17.) The motion is supported by various sworn declarations. (Filing 18 Index Evidentiary Materials Supp. Mot.; Filing 30 Supplemental Index Evidentiary Materials Supp. Mot.) Defendants argue (1) that the complaint fails to state a claim upon which relief can be granted; and (2) that even if the complaint does state a claim, summary judgment should be granted because (a) Defendants did nothing improper, and/or (b) Defendants are entitled to qualified immunity from suit. Plaintiffs have responded to the evidence submitted by Defendants. (Filing 27 Index Evidentiary Materials Supp.Resp.) Although I have empathy for Cole and his family, I shall grant Defendants’ motion. I.UNDISPUTED MATERIAL FACTS I find the following to be the undisputed material facts of this case for purposes of resolving Defendants’ motion: 1. Rawalt, a special agent of the FBI, began investigating the suspected unlawful interception of telephone communications (“wiretapping”) in the spring of 1992 after receiving a complaint from a former employee of the Curtis Telephone Company (CTC), located in Curtis, Nebraska. (Filing 18, Ra-walt Decl. ¶¶ 2—3.) 2. Carol Zak (Zak), a former employee of CTC, told Rawalt she was hearing noises on her telephone and she believed her telephone was being wiretapped by Cole, manager of CTC. (Id.) 3. Rawalt provided Zak with a recording device so she could record the noises she heard on her telephone. (Id.) 4. Howen is a special agent of the FBI, assigned since 1987 as a supervisory special agent in the Electronic Analysis Unit, Engineering Section, Information Resources Division, Washington, D.C. (Filing 18, Howen Decl. ¶1.) 5. Howen holds a bachelor’s degree in electrical engineering and has extensive training and experience in telephone and microphone surveillance (wiretapping), including training in telephone repair. (Id. ¶¶ 2-3.) 6. Howen first learned of the investigation when a technically trained special agent (someone other than Rawalt) assigned to the FBI field office in Omaha, Nebraska, contacted him and described certain noises or tones on telephone lines during telephone calls involving victims of the alleged illegal wiretap. (Id. ¶ 4.) 7. Subsequently, Howen received a tape recording of a telephone call containing the tone that had previously been described to him. (Id. ¶ 5.) 8. Howen listened to the tape, utilized an electronic device to attempt to determine the frequency of the tone, conducted research on the brand of switch used by CTC to determine if unusual tones such as those present were associated with the switch, consulted other individuals thought to be knowledgeable on the subject, and concluded that a wiretap could not be eliminated as a possible source of the tone. (Id.) 9. Howen advised Rawalt of his findings. (Id. ¶ 6.) 10. In early May, 1992, after an investigation that spanned a little more than a month and included interviews, surveillance, technical analysis, replacement of telephone equipment, and other investigative techniques, Rawalt decided to seek a search warrant, a decision made after consultation with an FBI special agent legal advisor, an FBI supervisory special agent, and an assistant United States Attorney. (Filing 18, Rawalt Decl. ¶¶ 4-5.) 11. With the assistance of an FBI special agent legal advisor, an FBI supervisory special agent, and an assistant United States Attorney, Rawalt prepared and submitted an affidavit for search warrant to a United States Magistrate Judge on May 8, 1992. (Id., ¶¶ 5-6.) 12. In pertinent part, Rawalt’s search-warrant affidavit stated under oath the following: AFFIDAVIT Ronald C. Rawalt, Special Agent, Federal Bureau of Investigation (FBI), North Platte, Nebraska, being duly sworn states: 1. Your affiant has been a Special Agent of the FBI since 1976, and am presently assigned to the Omaha Division. One of my investigative responsibilities is to investigate violations of Title 18, U.S.Code, Section 2511 and 2512, Interception of Communications. 2. Carol Zak, 9 Dee, Curtis, Nebraska, advised your affiant on a continuing basis between March 9, 1992, and May 3, 1992, the following information. On January 16, 1992, Carol Zak and Joleen [sic ] L. Farrar terminated their employment with the Curtis Telephone Company, 102 Center Avenue, Curtis, Nebraska, under duress, believing they were about to be fired. Both individuals worked directly for Eddie Cole, Jr., Manager of Curtis Telephone Company, Curtis, Nebraska. Cole resides at 210 Crook Avenue, Curtis, Nebraska. Both individuals terminated their employment because of personality conflicts with Cole. Both Carol Zak and Joleen Farrar, after appeal to the State of Nebraska Department of Labor Appeal Tribunal, were awarded unemployment benefits from Curtis Telephone Company for eight weeks. 3. On January 17, 1992, Carol Zak noticed unusual electronic noises (tapping noises) on her telephone line at the inception of a call received. This telephone was located at her residence 9 Dee, Curtis, Nebraska. These electronic noises have been predominately heard by Zak prior to 9:00 a.m., between 11:00 a.m. and 1:00 p.m. and after 5:00 p.m. Monday through Friday and at various times on Saturday and Sunday. These noises were still being heard by Zak at the time she first contacted your affiant and in the same pattern as mentioned above. 4. On March 9, 1992, at the request of your affiant, Zak placed a recording device on her telephone at 9 Dee, Curtis, Nebraska, to record the inception of all telephone calls received at her residence. Zak, or a member of her family, has recorded the inception of almost every telephone call received from March 9, 1992, until the present date. 5. On April 1,1992, Zak began employment in Kearney, Nebraska, necessitating her living in Kearney Monday morning through Friday afternoon, with weekends being spent at her residence in Curtis, Nebraska. Carol Zak telephonically discussed with Joleen Farrar her week day residence change when she was aware that the electronic tapping noises were present. 6. Beginning April 1, 1992, the electronic tapping noises stopped during the week and began Friday afternoon after Zak arrived home from Kearney. The noises continued through the weekend until late Sunday night. No electronic tapping noises were noted by other family members during the week. 7. During conversations on the weekend of April 4 and 5, 1992, she advised Joleen Farrar that she would be back to Curtis the evening of Thursday, April 9, 1992, because she had to be in North Platte for the Department of Labor hearing relative to her employment termination. The evening of Thursday, April 9, 1992, Zak again noted noises present on her residence telephone. 8. On the weekend, prior to Monday, April 20, 1992, Carol Zak heard the tapping noises when she telephonically advised Joleen Farrar that she would be home in Curtis on Monday night the 20th and for Farrar to call her and they would discuss their suit against Eddie Cole, Jr. 9. On Monday night, April 20, 1992, Carol Zak received telephone calls at the residence prior to 10:00 p.m. that did not have electronic tapping noises. Eddie Cole, Jr.’s car was observed by Joleen Farrar at a drinking establishment in Curtis at approximately 10:00 p.m. Just prior to 10:25 p.m. Joleen Farrar verified that Eddie Cole, Jr.’s car was at his residence. At 10:25 p.m., Joleen Farrar telephonically contacted Carol Zak at Zak’s residence and the electronic tapping noises were present. During the conversations, Carol Zak advised Joleen Farrar that she would be back in Curtis at her residence on Thursday, April 23, 1992. 10. On Thursday, April 23, 1992, Carol Zak received a telephone call from Joleen Farrar which had electronic tapping noises present. During this conversation, Joleen Farrar and Carol Zak discussed suing Eddie Cole, Jr. for his employment practices. Carol Zak advised that they (Carol Zak and Joleen Farrar) were to meet with an attorney in Kearney on Thursday, April 30, 1992, and find out if he would take their case and how much it would cost. Joleen Farrar telephonically agreed to go to Kearney to meet with Carol Zak and the attorney. Plans were telephonically discussed where Joleen Farrar and Carol Zak would call Carol Zak’s residence at 9:30 p.m. on April 30,1992, to discuss with both of their husbands what the attorney had advised. There is no suit by Carol Zak or Joleen Farrar against Eddie Cole, Jr. The discussion of a suit between Farrar and Carol Zak was done during telephone calls that were believed to be monitored by Eddie Cole, Jr. at the request of the affi-ant to keep Eddie Cole, Jr. interested in telephone conversations between Carol Zak and Joleen Farrar. 11. On April 30, 1992, a physical surveillance was instituted by the agents of the FBI to establish Eddie Cole’s presence at the time tapping noises were present on Carol Zak’s home telephone. Eddie Cole, Jr. was surveilled from his office to his residence at approximately 4:59 p.m. At 6:01 p.m., a telephone call was received at the Zak residence and the electronic tapping noises were present. At 6:35 p.m. Eddie Cole was observed leaving his residence and driving to the employment of Joleen Farrar and also driving in front of and behind the residence of Joleen Farrar. Cole was observed to slow down and closely observe those locations. 12. On May 4, 1992, Sheriff Lanny Roblee, Frontier County, Curtis, Nebraska, advised the affiant that on May 1,1992, Eddie Cole, Jr. requested Roblee to trace a license number observed at Carol Zak’s residence on April 30,1992. Cole said that an employee of his, Roger Bryant, fives next door to Zak and obtained- the license for Cole. This license is assigned to a vehicle utilized by the FBI. A suitable pretext was subsequently furnished to Eddie Cole, Jr. by Sheriff Roblee per the affiant’s request. During both conversations Cole had with Sheriff Roblee, Cole advised that he was being sued by Carol Zak and Joleen Farrar. Both Carol Zak and Joleen Farrar advised that they have not discussed this fictitious suit with anyone other than their respective husbands, who were at times party to telephone conversations. Roger Farrar and Ed Zak have advised the affiant that they have not discussed the fictitious suit with anyone other than their respective wives. 13. Carol Zak has advised the affiant that the garage across the street from the Eddie Cole residence, tan and brown in color, belongs to Eddie Cole.and is utilized by him to park his personal vehicle. 14. Joleen Farrar advised the affiant that Eddie Cole told her in their last meeting before she quit her job that he did not care if it took $100,000.00 and a full audit team, he would spend that to fight Joleen Farrar and Carol Zak to force them out of the Curtis Telephone Company. 15. Carol Zak and Joleen Farrar also have advised the affiant that Eddie Cole, prior to working for Curtis Telephone Company, was an electronic technician for Strombery Carlson, the company that manufactured the electronic switching station and installed it in the Curtis Telephone Company home office. 16. Replacement of the telephones by Zak at the Zak residence has determined that the electronic tapping noise is not due to an equipment malfunction of the Zak home telephones as the noises continued to occur on the replacement telephones. 17. An analysis of this recorded electronic interference, believed to be from the result of a telephone tap, has been conducted by Supervisory Special Agent (SSA) Robert Howan of the Radio Engineering Division, FBIHQ, who during the latter part of April, 1992, has been personally advised of the facts of the case by your affiant and furnished recordings with the electronic noises present. SSA Howan is assigned to the Electronics Analysis Unit, Radio Engineering Division. He holds a degree in electrical engineering and is assigned case work on electronic evidence. He has conducted examinations of evidence relative to interception of communications since 1987. He has been trained through NYNEX as a telephone installer and repair technician. 18. SSA Howan advised that an examination of the electronic interference noise contained on the tapes furnished to him by the affiant indicates a 300 hertz (hz) tone. He further advised that his knowledge and data available through the Radio Engineering Division indicates the 300 hz tone is not generated by telephone switching or “home office” equipment and is therefore from an outside interference source. SSA Howan further stated that for the 300 hz device to be turned off and on remotely from the Eddie Cole, Jr. residence, either a hard wired “jumper cable” or remotely activated computer program would necessarily be in place at the office of Curtis Telephone Company. 19.Based on the above information furnished by SSA Howan, the affiant believes that a wire tap exists on the telephones of Carol Zak, this tap is controlled from the residence of Eddie Cole, Jr., and is facilitated through a device or computer program at the Curtis Telephone Company. (Id., ¶ 6 and attached Ex. A.) 13. Howen has confirmed that the information attributable to him in the search-warrant affidavit prepared by Rawalt correctly represents what he told Rawalt. (Filing 18, Howen Decl. 1Í 7.) 14. Zak has confirmed that the information attributable to her in the search-warrant affidavit prepared by Rawalt correctly represents what she told Rawalt. (Filing 30, Zak Decl. ¶ 3.) 15. Jolene Farrar (Farrar) has confirmed that the information attributable to her in the search-warrant affidavit prepared by Ra-walt correctly represents what she told Ra-walt. (Id., Farrar Decl. ¶3.) 16. A United States Magistrate Judge issued a search warrant for Cole’s residence and CTC on May 8, 1992, authorizing the FBI to search for, among other things, “electronic equipment utilized in the illegal interception of communications of other parties.” (Filing 18, Rawalt Decl. ¶ 6 and attached Ex. B.) 17. The search warrant directed the FBI to serve the warrant and make the search “in the daytime—6:00 a.m. to 10:00 p.m.” (Id., attached Ex. B.) 18. The search warrant was served at Cole’s residence at approximately 9:38 p.m. on May 13, 1992, “by a knock and announce procedure, as required by federal statute.” (Filing 18, Rawalt Decl. ¶ 8.) The door was answered by Cole’s 14-year-old daughter. (Id.) As soon as Rawalt entered the home, Cole, who was in the living room where the front door was located, was told by Rawalt that he “had a federal warrant to search for a wiretap ... ‘Do you understand?’ ” (Filing 27, Cole Decl. ¶ 5.) According to Rawalt’s declaration, his reason for starting the search at 9:38 p.m. was to avoid detection by Cole, particularly because a prearranged call was to be made to the Zak residence immediately prior to execution of the search warrant and because Rawalt purportedly wanted to avoid disrupting the neighborhood. (Filing 18, Ra-walt Decl. ¶7.) 19. All of the FBI agents were dressed in dark jackets with the large yellow letters “FBI” on them. (Filing 27, Cole Decl. ¶ 6.) 20. Although Cole observed that the agents were armed, there is no claim that any weapons were ever drawn. (Filing 28, Cole Decl. & C. Cole Decl.) 21. An armed and uniformed deputy from the local county sheriffs office accompanied FBI agents during the execution of the search warrant. (Filing 18, Douglas Decl. ¶ 2.) 22. The deputy sheriff, now an intensive supervision probation officer employed by the State of Nebraska, “did not participate in the search, but stood inside the front door of the residence.” (Id.) 23. Although Plaintiffs and Defendants dispute precisely how the FBI agents proceeded to execute the search warrant, and although Carol Cole believes the deputy sheriff left the premises sometime during the search, the deputy, who is not a party to this action, has informed the court what he observed from his vantage point standing behind Rawalt as the Cole residence was approached and what he later observed from inside the front door of the Cole residence: 2.On May 13, 1992, I was a Deputy Sheriff in Frontier County, Nebraska. On that date, in my capacity as Deputy Sheriff, I accompanied Special Agent Ronald Rawalt to the residence of Eddie Cole in Curtis, Nebraska, to assist in the execution of a search warrant. Upon arriving at Cole’s residence to execute the search warrant, I accompanied Special Agent Rawalt to the front door, where Special Agent Rawalt knocked on the door. After a few knocks on the door, a person answered the door who was not observed by me. When the door was opened, Special Agent Ra-walt, other Agents and I proceeded in a calm orderly fashion into the residence. Special Agent Rawalt approached Eddie Cole, who was on the couch in the living room of the residence, and advised Cole of the fact that he was with the Federal Bureau of Investigation and that a search warrant was going to be executed at the residence. I did not participate in the search, but stood inside the front door of the residence throughout the search. 3. During the search, I saw other Agents proceed to various locations in the house, but I saw no Agents rushing or running in an uncontrolled manner. I have been involved in and present during numerous search warrant executions. In my law enforcement experience, this was one of the calmest and most polite search warrant executions that I have ever seen. 4. The execution of the search warrant was the smoothest, and least emotional that I have ever seen. All Agents acted in an extremely professional manner throughout the search. (Id., ¶¶ 2-4.) At the end of the search, Cole complimented Rawalt for not “trashing” his home, or words to that effect. (Filing 27, Cole Decl. ¶ 14.) 24. Carol Cole (Cole’s wife) was preparing to bathe when the search warrant was executed. She first saw the FBI agents when they came into her bedroom without knocking. She was naked from the waist up. She was told by the two agents, one a man and one a woman, to “ ‘put on a T-shirt and come and sit in the living room.’ ” (Filing 27, C. Cole Decl. ¶2.) 25. Carol Cole dressed, proceeded to the bedroom where her two 10-year-old daughters normally slept, determined that the children were frightened, and took the two children with her to the living room. (Id., ¶¶ 2-3.) 26. It was apparent to Mrs. Cole that the two 10-year-olds had been awakened by the FBI agents because the children, who were in their beds, asked Mrs. Cole, “Why are they in our room -with flashlights?” (Id.) It was also apparent to Mrs. Cole that the agents had left the girls in the bedroom as the bedroom door was closed, the bedroom light was off, and the girls were in their beds. (Id.) 27. At some point, the Cole family—Mr. and Mrs. Cole, their 14-year-old daughter and their two 10-year-old daughters—were assembled in the living room of the Cole residence. (Filing 27, Cole Deck ¶ 7.) 28. Precisely what Cole and his family were told by Rawalt and the other FBI agents who were present is in dispute, but the following material facts are undisputed as to what the Cole family did, what the Cole family was allowed to do, and what, if any, contemporaneous complaints were made by the Cole family: (a) The Cole family was not allowed to use the telephone in their home for a short period of time after FBI agents entered the residence, ostensibly so the agents could test the telephone. (Filing 18, Rawalt Decl. ¶¶ 9-10.) (b) After the FBI agents tested the phone, Carol Cole received a telephone call from a third party, (Filing 27, C. Cole Deck ¶ 4), and made a call to the family’s attorney, Steve Herman. (Id., ¶ 5.) (c) The Cole family was instructed by Ra-walt that they could not interfere with the search. (Filing 18, Rawalt Deck ¶ 9.) Mrs. Cole and her oldest daughter remained in the living room throughout most of the search, while the two younger children returned to their bedroom sometime during the search. (Filing 27, C. Cole Deck ¶ 8; Herman Deck ¶ 6.) Cole was interviewed by Rawalt on the steps of the family home. (Filing 27, Cole Deck ¶¶ 22j-22k.) (d) Steve Herman, the family lawyer, was allowed to come to the Cole residence, arriving at about 10:00 p.m., (Filing 27, Herman Deck ¶ 4), and conferring privately with Cole. These conferences took place on the front porch of the Cole residence and in Herman’s truck, which was parked in front of the residence. (Filing 27, Cole Deck ¶ 13; Herman Deck ¶ 7.) When not conferring with Herman or talking with Rawalt, Cole was in the living room of the residence. (Filing 27, Cole Deck ¶ 9.) (e) Herman examined the warrant and told Cole the warrant did indeed give the FBI the right to search his home. Herman advised Cole to cooperate with the FBI, which, according to Herman, he did. (Filing 27, Herman Deck ¶¶4-7, 11.) (f) Around midnight, according to Herman’s best recollection, Rawalt asked Cole and Herman to tour the house to inspect for any damage; the three men inspected the house and found no damage. Cole acknowledged to Rawalt that there was no damage, and, with Cole’s permission, Rawalt and at least one other agent proceeded to search the garage and Cole’s car. According to Herman, these searches took between 25 and 40 minutes. (Filing 27, Herman Deck ¶¶ 7-9.) (g) Herman remained at the Cole residence from the time of his arrival at approximately 10:00 p.m. until the search of Cole’s residence ended, whereupon Cole and Herman drove to the CTC building in Herman’s truck. (Filing 27, Herman Deck 1HÍ4-11.) (h) Rawalt swore that at “no time” did he “receive any complaints from any of the Cole family or their attorney, Mr. Herman, that the Cole family was being mistreated, held against their will, or denied access to their living space.” (Filing 18, Rawalt Deck ¶ 14.) In a specific reference to this statement, Cole did not deny the truth of Rawalt’s claim, but he added that “we werfe terrified, in a state of emotional trauma, confused, and yet still attempting in good faith to cooperate with the law enforcement personnel.” (Filing 27, Cole Deck 122r.) 29. The precise time the search of the Cole residence ended is in dispute, but it is undisputed that the search of the residence ended sometime between approximately 11:45 p.m., as estimated by Rawalt, (Filing 18, Rawalt Deck ¶ 12), and “close to 1:00 a.m.,” as estimated by Cole. (Filing 27, Cole Deck ¶ 15.) 30. Sometime in the very early morning hours after the search of the CTC offices began, a CTC assistant manager told FBI agents he had located the source of the tone heard on Zak’s phone. (Filing 27, L.S. Cole Deel. ¶¶ 12-18.) 31. According to the CTC assistant manager, the tone was produced by what he described as a “bad card,” located in the CTC offices, that operated a subscriber carrier field unit located near Zak’s home. (Id.) 32. When the “bad card” was located, the tone apparently produced by the “bad card” was audible to someone using the telephone. (Filing 27, L.S. Cole Deck ¶ 17 (“When the Texas agent answered, the noise was back again.”).) According to the assistant manager, CTC had “always had noise problems with it.” (Filing 27, L.S. Cole Deck ¶ 10.) 33. By removing and then reinserting the “bad card,” the assistant manager was able to establish to his satisfaction that the card had caused the malfunction of the subscriber carrier unit. (Id., ¶ 17.) The “bad card” was removed by the FBI and sent to its laboratory. (Filing 27, Cole Deck ¶ 26c.) The evidence does not reveal what, if any, tests were subsequently conducted by the FBI regarding the “bad card,” but Defendants do not now dispute that the “bad card” caused the subscriber carrier unit to produce the suspect tone. (Filing 18, Howen Deck ¶ 9; Filing 30, Howen Deck ¶ 1.) 34. A subscriber carrier unit such as the one involved in this case is used by telephone companies to avoid having to install additional phone lines. (Filing 27, Cole Deck ¶ 23d.) Such equipment is customarily used when it is anticipated that there will be significant growth in a neighborhood. (Filing 30, How-en Deck ¶ 2.) 35. Subscriber carrier units are in use all over the United States, (Filing 27, Brooks Deck ¶ 7), although they are generally used in areas of dense population or rapid growth. (Filing 30, Howen Deck ¶ 2.) Howen stated under oath, and his statement has not been controverted, that it would be unusual to find such equipment at CTC: Based upon my training and experience, the use of carrier equipment at the Curtis Telephone Company would be unusual since this equipment is generally used in areas where there is dense population or there has been more rapid growth than is present in that particular area of Curtis. In fact, during my conversations with the plaintiff, Eddie Cole, he indicated that the only reason that carrier equipment was utilized in the neighborhood in question was due to the fact that it had been anticipated that there would be significant growth in that specific neighborhood which had not in fact occurred. (Filing 30, Howen Deck ¶ 2.) 36. The Zak residence is in a rural area, and the subscriber carrier unit is visible from the gravel driveway that runs in front of the Zak home. (Filing 27, Cole Deck, attached Exs. K-N.) 37. The tone recorded by Zak using the FBI tape recorder, which tone was evidently produced by the subscriber carrier unit and the “bad card,” would not under normal circumstances be heard by a person using the telephone. (Fifing 27, Brooks Deck ¶ 5; Filing 30, Howen Deck ¶ 1.) 38. The tone Howen heard on the tapes submitted to him in Washington, D.C., was “present when the telephone receiver was picked up during rings and when it was picked up between rings.” (Fifing 30, Howen Deck ¶ 3.) II. APPLICATION OF LAW TO CAUSES OF ACTION AND FACTS I turn next to the seven causes of action alleged by Plaintiffs, the defenses asserted by Defendants, and the material undisputed facts. I shall first examine each cause of action separately to determine whether the causes of action set forth in the amended complaint state a claim upon which relief can be granted and whether summary judgment should be granted on the merits of the undisputed material facts, assuming the complaint can be construed to state a claim. Second, with regard to the constitutional tort allegations, I shall also examine the question of whether Defendants have qualified immunity from suit. A. First Cause of Action: The Search Warrant Application Plaintiffs claim in their first cause of action that Rawalt made misstatements and omissions in a search-warrant application and Howen made negligent statements that were incorporated in the search-warrant application, resulting in an unlawful search of the Cole residence in violation of the Fourth Amendment, such violation being a Constitutional tort redressable under the doctrine announced in Bivens. (Filing 12 1st Am. Compl. ¶¶ 42—48.) Plaintiffs’ first cause of action claims a violation of the Fourth Amendment under the precepts of Franks v. Delaware, 438 U.S. 154, 155-56, 171-72, 98 S.Ct. 2674, 2676-77, 2684-85, 57 L.Ed.2d 667 (1978). (See Pis.’ Br. at 11-14.) In that case, the Supreme Court held that the Fourth Amendment is violated when a search warrant is issued upon an affidavit containing a falsehood, if three things are established: (1) A statement included in an affidavit for search warrant was in fact false. 2 Wayne R. LaFave, Search and Seizure § 4.4(d), at 201 (1987). (2) Either (a) the statement was deliberately made with knowledge of its falsehood, or (b) the statement was made with reckless disregard of the truth. Id. at 201-02. (3) The false statement was material; that is, without the false statement the affidavit fails to establish probable cause for the issuance of the warrant. Id. § 4.4(c), at 197. The Supreme Court made clear in Franks that allegations of “negligence or innocent mistake are insufficient.” Franks, 438 U.S. at 171, 98 S.Ct. at 2684. Franks covered statements that are either untrue as a matter of fact or contain omissions that render the statements false when viewed from the perspective of the judge who is reviewing the search-warrant application. 2 Wayne R. LaFave, Search and Seizure § 4.4(b), at 194r-95 & nn. 43, 44 (citing, among other cases, United States v. Dennis, 625 F.2d 782 (8th Cir.1980)). In this case, Plaintiffs claim that “material misstatements and omissions” were made, as opposed to statements that were literally untrue. (Filing 12 1st Am.Compl. ¶¶ 45-47.) When dealing with omissions, it is important to remember that a police officer “cannot be expected to include in an affidavit every piece of information gathered in the course of an investigation.” United States v. Colkley, 899 F.2d 297, 300 (4th Cir.1990). Rather, Franks only “protects against omissions that are designed to mislead, or that are made in reckless disregard of whether they would mislead, the magistrate.” Id. at 301 (emphasis in original) (citing United States v. Reivich, 793 F.2d 957, 961 (8th Cir.1986)). Still further, where it is claimed that the officer was “reckless,” it is normally inappropriate to try prove “reckless disregard” based upon the content of the omitted information alone. Colkley, 899 F.2d at 301. It is only proper to infer recklessness from an omission alone where the omitted material was “clearly critical” or amounted to “flagrant police conduct.” United States v. Reivich, 793 F.2d 957, 961 (8th Cir.1986). Even a deliberate he or reckless disregard of the truth is not enough; it must also be established that the “supplemented warrant” (the warrant affidavit or application considered in light of the omitted material) “could not have supported the existence of probable cause.” Id. at 962 (emphasis in original). Thus, even when important information is "withheld, and one might therefore be able to infer a deliberate he or reckless disregard of the truth, a Fourth Amendment violation is not proved if the affidavit, as corrected, would still have supported the existence of probable cause. Id. With these factors in mind, I turn to the specifics of Plaintiffs’ complaint regarding individual defendants. 1. Howen With regard to Howen, Plaintiffs’ first cause of action fails to state a claim under Franks v. Delaware and Fed.R.Civ.P. 12(b)(6) for two distinct reasons. First, there is no pleading (or proof) that anything in the search-warrant affidavit attributable to Howen was in fact false. The only allegation regarding Howen in the complaint’s first cause of action is that Rawalt included in the search-warrant affidavit “the negligent analysis and conclusions made by Defendant Howen.” (Filing 12 1st Am. Compl. ¶ 45(b).) Nowhere does the complaint allege that Howen’s conclusions, which were included in the affidavit, were false. The search warrant affidavit stated: “He [Howen] further advised that his knowledge and data available through the Radio Engineering Division indicates that the 300 hz tone is not generated by telephone switching or ‘home office’ equipment and is therefore from an outside interference source.” (Filing 18, Ex. A ¶ 18.) There is no evidence whatever that this statement was false. On the contrary, all the evidence establishes that the statement was true. Plaintiffs’ expert in this case agrees that nothing in the telephone switching equipment or “home office” equipment would generate a tone in the range of 300 to 400 hertz and that such a frequency is “foreign” to telephone switching and home office equipment. (Filing 27, Brooks Deck ¶ 6.) Plaintiffs’ expert stated in pertinent part: “In Paragraph 18 of SSA Howen’s affidavit, he stated that 300 hertz was a foreign frequency not found in switching or home office equipment, (only one-half of the communications system) which is correct; however, Seiseor carrier equipment uses 300-400 hertz frequencies.” (Id. (emphasis added).) Thus, what was attributable to Howen in the affidavit was literally true: The tone was not generated by telephone switching or home office equipment but was produced, in the words of Plaintiffs’ expert, by a “frequency” which was “foreign” to that equipment or, to quote Rawalt relying on Howen, by an “outside interference source.” Second, even if one could characterize what was attributable to Howen in the search-warrant affidavit as false—for example, by arguing that the use of the words “outside interference” was misleading because the source of the interference was produced by telephone company equipment, although not telephone company switching equipment or “home office” equipment— there is no claim (or proof) that Howen’s statements were deliberate falsehoods or made with reckless disregard for the truth. Plaintiffs have suggested (and their proof shows) no more than that (a) Howen was not aware of the presence of a subscriber carrier field terminal situated off site near the Zak residence, and (b) Howen was not aware such a unit could malfunction and cause an audible tone to be heard by someone using the telephone, This lack of knowledge on the part of an engineer located in Washington, D.C., cannot fairly be stretched to establish that Howen lied or acted so recklessly that his conduct was equivalent to a lie. Indeed, the undisputed evidence establishes that carrier equipment of this kind, while not unusual generally, would not be expected to be found in rural Nebraska. Such equipment is used primarily in areas where there is a large population or where it is anticipated there will be rapid population growth. Howen stated under oath, and his statement has not been controverted, that: Based upon my training and experience, the use of carrier equipment at the Curtis Telephone Company would be unusual since this equipment is generally used in areas where there is dense population or there has been more rapid growth than is present in that particular area of Curtis. In fact, during my conversations with the plaintiff, Eddie Cole, he indicated that the only reason that carrier equipment was utilized in the neighborhood in question was due to the fact that it had been anticipated that there would be significant growth in that specific neighborhood which had not in fact occurred. (Filing 30, Howen Decl. ¶ 2.) Plaintiffs mention in passing in their brief that certain statements in the first declaration Howen filed with the court in this case are misleading or incorrect. (Pis.’ Br. at 21-22.) Plaintiffs evidently make this point to attack Howen’s credibility, implying that if he erred in declarations filed in this court, he must also have erred when advising Rawalt. Plaintiffs make two points: (a) although the unusual tone was not present during calls initiated by Zak, Howen’s first declaration states that he was advised by another technically trained agent of the “presence of unknown noises or tones on telephone lines during telephone calls made by victims ...,” (Filing 18, Howen Decl. ¶4 (emphasis added)), and (b) the tones were not unusual, as Howen suggested in his declaration, (id., ¶ 5), since subscriber carrier equipment normally produces tones of the type found by Howen. I do not agree that Howen’s declarations are misleading or incorrect on these points. With regard to the first point, Howen specifically stated in a supplemental declaration that the sounds he heard on the tape were present when the telephone receiver was picked up during rings and when it was picked up between rings. (Filing 30, Howen Supplemental Decl. ¶ 3.) Thus, Howen clarified any possible misunderstanding. More importantly, however, the statement attributable to him regarding phone calls “made by” victims is Howen’s report of what he was told by another technically trained agent, and is given simply as background. Still further, the “made-by” statement in Howen’s first declaration was not misleading because, when read in context, it is not an attempt to differentiate between the person who initiated the call and the person who received the call. Rather, when read in context, the phrase “made by” means “participated in.” Finally, the relevant question is not who initiated the call, but whether the tone was present when it should not have been. The fact that the tone was present only when a call was received does not disprove the possibility of an illegal wiretap. Consequently, I conclude that the declaration Howen filed in this court was not misleading or incorrect on this point in any way. As to the second point—that subscriber carrier equipment normally produces tones like the one isolated by Howen and, therefore, Howen should not have described the tone as unusual—contrary to Plaintiffs’ assertion, the undisputed evidence indicates that the tone on the phone was in fact “unusual,” as Howen stated. The tone was unusual in the sense that it was audible to the human ear when it should not have been heard by a human being. Indeed, everyone agrees that the tone should not have been audible by the time the telephone receiver reached the listener’s ear. (Filing 27, Brooks Deck ¶ 5; Pt. I, Finding 32.) Yet the evidence reveals that the tone heard on Zak’s line was in fact audible under normal circumstances after it should have ended. (Id.) Even the assistant manager of CTC stated in a sworn declaration that CTC had “always had noise problems” with this equipment. (Id.) Thus, I do not believe Howen’s declaration was inaccurate or misleading on this point in any way. Finally, given the undisputed material facts I found in Part I, it is obvious that Plaintiffs cannot in good faith amend their complaint to show either that what was attributable to Howen in the affidavit was false, or if false, that the statements were deliberately made by Howen with knowledge of their falsehood or in reckless disregard of the truth. Accordingly, there is no reason to give Plaintiffs leave to amend their complaint. 2. Rawalt After examining the first cause of action from Rawalt’s perspective, I conclude that the first cause of action also fails to state a claim against Rawalt under Franks and Fed.R.Civ.P. 12(b)(6). Likewise, I conclude that given the undisputed facts found earlier, Plaintiffs cannot in good faith amend their complaint to state a valid constitutional tort claim against Rawalt. Assuming for the sake of argument that Rawalt’s affidavit contained omissions of fact, the complaint does not allege, and Plaintiffs’ proof does not show, that the statements attributable to Rawalt were made deliberately with knowledge of their falsity or recklessly in disregard of the truth. Plaintiffs’ complaint alleges that Rawalt made four material misstatements or omissions in the search-warrant affidavit: (a) he misstated Howen’s qualifications; (b) he included the negligent analysis and conclusion made by Howen; (c) he failed to adequately explain the extent of the animosity that Zak and Farrar bore toward Cole; and (d) he failed to reveal to the judge certain unspecified information known to him that would have negated allegedly suspicious activity on Cole’s part. (Filing 12, f45(a)-(d).) (a) With regard to the alleged misstatement of Howen’s qualifications, Plaintiffs believe Howen had no experience with subscriber carrier equipment and therefore lacked the necessary qualifications to conduct the type of analysis he conducted. (Pis.’ Br. at 18-19.) Assuming the factual predicate for this argument, there is no claim or proof that Rawalt was aware of Howen’s lack of knowledge, or that if aware of this alleged deficiency, he would have considered it important. (b) With regard to Rawalt’s inclusion of How-en’s allegedly faulty analysis in the search-warrant application, there is no claim or evidence that Rawalt had any reason to disbelieve the accuracy of Howen’s conclusions. Indeed, as pointed out above, Howen’s analysis was literally correct: the tone was not generated by telephone switching or “home office” equipment, and the tone was “foreign” to that equipment. To the extent Plaintiffs complain that Ra-walt did not tell Howen of the existence of the field subscriber carrier unit situated on or near Zak’s driveway, (Pis.’ Br. at 29-30), there is no pleading or evidence to suggest that Rawalt, who had no specialized training, recognized the significance of the equipment and intentionally withheld the information or recklessly, failed to recognize the significance of the equipment. Still further, I have examined pictures of the equipment, and while it is true that the equipment is visible from the highway near Zak’s residence, there are no markings on the equipment to indicate to a lay person that it is telephone equipment as opposed to some other type of utility equipment. (Filing 27, Cole Decl.Exs. K-N.) Moreover, even if Rawalt had recognized the equipment as belonging to the telephone company, there is no pleading or evidence to show that he would have understood the potential significance of that equipment compared to other telephone company equipment. (c) With regard to Rawalt’s alleged failure to fully describe the animosity Zak and Farrar felt for Cole, there is no pleading or evidence that Rawalt believed anything other than what he put in the affidavit. The affidavit clearly set forth evidence of a serious dispute among Cole, Zak, and Farrar, which evidence would have alerted the judge to the possibility that Zak and Farrar were lying. In fact, Rawalt specifically told the judge there was a “personalty conflict” among Cole and the two women that resulted in the termination of their employment at CTC and that after an appeal, the women had obtained unemployment benefits from CTC. (Filing 18, Ex. A ¶ 2.) There is no pleading or evidence to suggest that Rawalt believed the statements he made were untrue or that he was otherwise reckless in relaying to the judge the situation that existed among Cole and the alleged victims. (d) The last alleged “misstatement” is the most general: Plaintiffs allege that Rawalt failed to reveal to the judge certain information known to him that would have negated certain allegedly suspicious activity on Cole’s part, which activity was described in the affidavit. This allegation of one or more unspecified “omissions” is obviously too general to survive a Rule 12(b)(6) motion, and no further comment would normally be warranted. In their brief, however, Plaintiffs endeavor to make their very general claim more specific. (Pis.’ Br. at 23-32.) Essentially, Plaintiffs make the following points: 1. Rawalt should not have used the phrase “tapping noise” or “electronic tapping noise” in the search-warrant affidavit because people associated with CTC would not have so characterized the noise. 2. Rawalt should not have described Cole’s slow trip by auto past Farrar’s residence and place of employment on April 30, 1992, because (a) in Curtis, Nebraska, it would have been difficult not to make a similar trip no matter what the real purpose of the trip was; (b) at least part of the road was rough, accounting for Cole’s slowness; and (e) Rawalt knew that Cole ultimately obtained a fishing pole as a part of the trip. 3. Rawalt failed to explain precisely when the noise was heard or not heard; that is, Rawalt should have explained that the noise was not heard when a call was placed by Zak and that the noise was only heard when the phone was answered while still ringing. 4. Rawalt should not have recounted that Cole asked the sheriff to trace a license plate, and in the process told the sheriff that Farrar and Zak were suing him, because (a) it should have been apparent to Rawalt that Farrar and Zak (or their husbands) would have publicly discussed the fictitious suit; and (b) Cole told the sheriff that a CTC employee had seen someone in the car trying to photograph the CTC building and thus there was nothing suspicious about the fact that Cole knew of the suit or was endeavoring to trace a license plate. 5. Rawalt did not accurately inform the judge about what Farrar told him respecting Cole’s statement that he would be willing to spend $100,000 to fight Zak and Farrar because the recounted statement is not consistent with what Farrar told a hearing examiner in an unemployment compensation hearing. 6. Rawalt should have told the judge that Howen stated to him that a wiretap “could not be eliminated” as a possible source of the tone since that is what Howen indicates he told Rawalt at the time. I shall examine each of these alleged omissions to determine whether, if they were alleged in the amended complaint, they would survive a Rule 12(b)(6) motion measured against the Franks standard. (i) With regard to the claim that Rawalt should not have used the phrase “tapping noise” or “electronic tapping noise” in the search-warrant affidavit because people associated with CTC would not have so characterized the noise, I find and conclude that this claim is irrelevant and clearly fails to establish that Rawalt deliberately lied or recklessly disregarded the truth. Rawalt did not use the phrase “tapping noise” or “electronic tapping noise” as descriptions of his opinion but rather as a description of what Zak thought the noise was. The phrase is first used in the following context: “On January 17,1992 Carol Zak noticed unusual electronic noises (tapping noises) on her telephone line at the inception of a call received.” (Filing 18, Rawalt Deck, Ex. A ¶ 3.) Thus, it is clear that the words to which Cole objects were used to describe the noise Zak heard on January 17,1992, and thereafter. The conclusion about “tapping noises” was Zak’s and it was clearly expressed to the judge as such. There is no pleading or evidence to suggest that Rawalt disbelieved Zak or that Rawalt was reckless with the truth when he told the judge Zak’s conclusion about what she thought the noise was. More to the point, as Rawalt indicated by placing them in parentheses after the words “unusual electronic noise,” the words “tapping noise” and the like were intended as nothing more than a shorthand description of the “unusual electronic noise” first heard by Zak on January 17, 1992. When the term is repeated in the affidavit thereafter, it is clear that the words are used to mean “unusual electronic noise.” And the term “unusual electronic noise” is not false or misleading because everyone agrees that Zak should not have been able to hear noise, whatever its source. Thus, there is no reason to believe Rawalt thought the words “tapping noise” and the like, defined as “unusual electronic noise,” were false or that he used the words in reckless disregard of the truth. (ii) Plaintiffs next argue that Rawalt should not have described Cole’s slow trip by auto past Farrar’s residence and place of employment on April 30,1992, because (a) in Curtis, Nebraska, it would have been difficult not to make a similar trip no matter what the real purpose of the trip was; (b) at least part of the road was rough, accounting for Cole’s slowness; and (c) Rawalt knew that Cole ultimately obtained a fishing pole as a part of the trip. Even if this information is true, there is nothing to suggest that Rawalt intended to he or recklessly disregard the truth by omitting the information. Rawalt’s search-warrant affidavit recited the following: On April 30,1992, a physical surveillance was instituted by the agents of the FBI to establish Eddie Cole’s presence at the time tapping noises were present on Carol Zak’s home telephone. Eddie Cole, Jr. was surveihed from his office to his residence at approximately 4:59 p.m. At 6:01 p.m., a telephone call was received at the Zak residence and the electronic tapping noises were present. At 6:35 p.m. Eddie Cole was observed leaving his residence and driving to the employment of Joleen Far-rar and also driving in front of and behind the residence of Jolene Farrar. Cole was observed to slow down and closely observe those locations. (Filing 18, Rawalt Deck, Ex. A ¶ 11.) Cole does not dispute the truthfulness of Rawalt’s recitation in the affidavit. Indeed, he essentially admits what Rawalt said was true. (Filing 27, Cole Decl. ¶21£) Cole’s complaint is that he thinks that if Rawalt was going to make the statement, he should also have added that Curtis is a small town; virtually any trip would have taken Cole on the route he followed; part of the road was rough, accounting for the slowness of the drive; and Cole had a lawful purpose for the drive, i.e., the retrieval of a fishing pole. Assuming that everything Cole complains about is factually accurate, such an assumption in no way suggests that Rawalt knowingly lied or recklessly disregarded the truth. The pertinent part of the recitation was that Cole was at home when the strange noises were heard on Zak’s phone, and shortly thereafter, Cole slowly drove by Farrar’s home and place of employment. It is perfectly obvious from Rawalt’s statement that Cole might have had a legitimate reason for the drive, slow or otherwise. But it is also perfectly obvious that Cole might have had an illegitimate reason for the trip as well. The fact that Curtis is small and has rough roads and that Cole picked up a fishing pole does not make the trip any less suspicious given its timing. Had Rawalt added these facts, the suspicious nature of the drive shortly after the call to Zak’s home would still have existed. Thus, there is simply no basis to conclude that Rawalt deliberately lied or was acting in reckless disregard of the truth when he made the statements in the affidavit. Cole thinks it particularly significant that during the search at the CTC office building, Rawalt acknowledged that he knew Cole had picked up a fishing pole during the above-described trip. I am willing to assume Ra-walt knew that Cole retrieved a fishing pole at some point during the trip. However, I do not believe this establishes anything of significance. Cole evidently believes Rawalt’s knowledge of the fact that he retrieved a fishing pole somehow suggests that Rawalt knew Cole’s trip was harmless. I do not think this conclusion logically follows from the facts. Ra-walt could well have believed (and evidently did believe) that even if Cole ostensibly had a legitimate reason for the trip, given the timing of the trip, retrieval of a fishing pole was a pretext for surveillance of Farrar, an afterthought after surveillance of Farrar, or simply one of various reasons for the trip, including surveillance of Farrar. The fact remains that Cole had the opportunity to observe Farrar no matter what other purposes might also have motivated the trip. Simply put, Rawalt’s knowledge of the fishing pole does not remotely suggest that Rawalt was deliberately lying or acting in reckless disregard of the truth when he made the statements about which Plaintiffs now complain, (iii) Plaintiffs further argue that Rawalt failed to explain precisely when the noise was heard or not heard; that is, Rawalt should have explained that the noise was not heard when a call was placed by Zak and that the noise was only heard when the phone was answered while still ringing. Once again, there is no pleading or evidence to suggest that Rawalt deliberately lied or recklessly disregarded the truth when he made statements in the search-warrant affidavit about when the unusual electronic noise was heard. A number of observations are pertinent to this claim. Rawalt clearly did not mislead the judge since he never represented in the affidavit that the tone was present when a call was initiated by Zak. (Filing 18, Rawalt Deck, Ex. A.) On the contrary, Rawalt was very specific on at least four occasions that the tone was present when a call was received by Zak. (Id., ¶ 3 (“Zak noticed unusual electronic noises ... at the inception of a call received.”); ¶ 9 (“Farrar telephonically contacted Carol Zak ... and the ... noises were present.”); ¶ 10 (“Zak received a telephone call ... which had electronic tapping noises present.”); ¶ 11 (“A telephone call was received at the Zak residence and the electronic tapping noises were present.”).) Moreover, there is no pleading or evidence that Rawalt, who was not technically trained, should have recognized the significance of the fact that the tone was heard only when a call was received. In fact, the evidence reveals that it was only after many hours of investigation that the CTC assistant manager and Howen were able to ascertain the true nature of the problem. Also, it is not true, as Plaintiffs assume, that the tone was heard only when the phone was picked up while still ringing. Howen specifically stated in his supplemental declaration that the tone was “present both when the telephone receiver was picked up during rings and when it was picked up between rings.” (Filing 30, Howen Deck ¶ 3.) No one has controverted this point. Accordingly, the factual predicate for Plaintiffs’ argument in this regard is entirely lacking. (iv) Plaintiffs next contend that Rawalt should not have recounted that Cole asked the sheriff to trace a license plate, and in the process told the sheriff that Farrar and Zak were suing him, because it should have been apparent to Rawalt that Farrar and Zak (or their husbands) would have publicly discussed the fictitious suit. Thus, Plaintiffs argue, there was nothing suspicious about the fact that Cole knew of a potential suit or was endeavoring to trace the license plate of a car that had been used to photograph the CTC budding. Once again, I do not believe this information suggests in any way that Rawalt deliberately lied or acted in reckless disregard of the truth. Rawalt informed the judge who was considering the search-warrant application that: On May 4, 1992, Sheriff Lanny Roblee, Frontier County, Curtis, Nebraska, advised the affiant that on May 1, 1992, Eddie Cole, Jr. requested Roblee to trace a license number observed at Carol Zak’s residence on April 30,1992. Cole said that an employee of his, Roger Bryant, lives next door to Zak and obtained the license for Cole. This license is assigned to a vehicle utilized by the FBI. A suitable pretext was subsequently furnished to Eddie Cole, Jr. by Sheriff Roblee per the affiant’s request. During both conversations Cole had with Sheriff Roblee, Cole advised that he was being sued by Carol Zak and Joleen Farrar. Both Carol Zak and Joleen Farrar advised that they have not discussed this fictitious suit with anyone other than their respective husbands, who were at times party to telephone conversations. Roger Farrar and Ed Zak have advised the affiant that they have not discussed the fictitious suit with anyone other than their respective wives. (Filing 18, Rawalt Decl., Ex. A ¶ 12.) Cole admits that he talked to the sheriff, that he contacted the sheriff because he feared a lawsuit and wanted to know who was operating a particular car because he was concerned that the operator might be a private investigator hired by Zak and Farrar, and that he asked the sheriff to trace the vehicle’s license plate. (Filing 27, Cole Decl. ¶ 21g.) Cole argues, however, that he told Sheriff Roblee the reason he wanted the license plate traced was because his lawyer had told him to ask the sheriff to do so because a person in the vehicle seen at Zak’s residence was also observed by a CTC employee photographing CTC. (Id.) Moreover, Cole points out that he and his lawyer suspected that CTC would be sued by Zak and Farrar because of the previous disagreement, and Cole and his lawyer wanted to find out if the car at Zak’s residence, also seen being used by a person who photographed CTC, was owned by a private investigator hired by the two women. (Id.) Cole states that he never told the sheriff he was being sued by the women. (Id.) Once again, there is no reason to believe that Rawalt did not accurately recite what Sheriff Roblee told him. Moreover, both Zak and Farrar stated under oath that what they told Rawalt about not publicly discussing the fictitious suit (and other things) was accurately recited by Rawalt in the search-warrant affidavit. (Filing 30, Zak Decl.; Farrar Decl.) Even if one assumes that Roblee, Zak, Farrar, or the spouses of the two women lied to Rawalt about this incident, Rawalt simply has no liability for accurately reciting what he was told, absent some very strong reason to doubt the statements these people made to him. Franks, 438 U.S. at 171, 98 S.Ct. at 2684 (“The deliberate falsity or reckless disregard whose impeachment is permitted ... is only that of the affiant, not of any nongovernmental informant.”); United Sta