John owns Freeze Inc., a firearms store. John recently hired Herb as a part-time clerk. Herb, who was a graduating senior in college, was set to begin working full-time at BB&T in the summer after his graduation. One day, the FBI searched Freeze Inc. without a warrant, because the FBI received a tip that there were illegal firearm sales occurring. During the search, the FBI discovered marijuana in Herb's book bag, and Herb is taken to jail. After posting bail, Herb sues John, Freeze Inc. and the FBI for unreasonable search and seizure and monetary losses because BB&T rescinded his job offer once they found out about Herb's arrest. Will Herb win his lawsuit? Why or why not?