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Capitol Media Services PHOENIX A man held in jail for 40 days after Border Patrol agents improperly performed a drug test has no right to sue, a federal appeals court ruled Tuesday. In a divided decision, the majority of the three-judge panel of the 9th Circuit Court of Appeals acknowledged that the actions of one of the agents may have been negligent and even abusive. That includes threatening Armando Nieves Martinez that if he didn t confess to transporting methamphetamine in the windshield washer solution in his vehicle that his whole family would be incarcerated. But Judge Karen Schreier, writing for the majority, said the officers and the government were protected from civil suit because they were performing a discretionary function. ....