Court of Appeals for the Second Circuit December 30, 1987, Nos. 3, 4, Dockets 87-6054, 87-6098 (Barbera v. Smith)

PIERCE, Circuit Judge:

This is a constitutional tort action brought pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for the wrongful death of Lena Margaret Barbera in violation of the due process clause of the fifth amendment.