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1 Sep 3:00 am by Mary L. Dudziak
The Story of Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics has just been posted by James E. Pfander, Northwestern University School of Law. It is forthcoming in FEDERAL COURTS' STORIES, Judith Resnik & Vicki C. Jackson, eds. (2009). Here's the abstract: In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right
Legal History Blog - http://legalhistoryblog.blogspot.com/index.html
2 Sep, 2008 9:15 pm by Marcia Oddi
... .S.C. § 2679, and constitutional claims pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Jackson amended his ... Jackson alleged was deliberately indifferent to his medical needs; its refusal to allow an amendment naming a new defendant after the applicable statute of limitations had expired; and its refusal ... dismissal of the United States of America in the FTCA action, because Jackson's amendment naming the United States related back to his original pleading, which was timely filed ...
The Indiana Law Blog - http://indianalawblog.com/
26 Jul 11:17 pm by Mike
... Such lawsuits were covered directly under federal statute. How then, if at all, may a citizen sue a federal agent who violates the Constitution? This is a tricky question. Is the Constitution self-executing? Or must Congress first create enabling legislation allowing a ... 1983 is what allows a party to file a lawsuit. What then to do with federal officials? In Bivens v. Six Unknown Named Agents, the Supreme Court answered the controversial question. In Bivens, the Court held that at least some parts ...
Crime & Federalism - http://federalism.typepad.com/crime_federalism/
19 Aug, 2008 4:00 am
... 's suit seeks damages for Constitutional violations under Webster Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), ... ¶ 42, and subjected her to treatment different from that given other similarly situated agents, id. at ¶¶ 51-52. We certainly must hesitate before we allow a ... inquiry into these allegations that implicate the job risks and responsibilities of covert CIA agents. In cases involving covert espionage agreements, '[t]he state secrets privilege and ...
Underdog Blog - http://markskatz.com/blog2/serendipity/
12 Aug, 2008 5:34 pm by Barry Barnett
The Wilsons sued over her outing as a CIA agent. A 2-1 panel of the D.C. Circuit today upheld an order dismissing the claims of Valerie Plame Wilson and her husband against Vice ... held that the potential partial availability of remedies under the Privacy Act and considerations of national security, among other things, precluded recognition of a constitutional cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The court also concluded that ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
4 Mar 10:26 pm
... is referred to as a Bivens action. The name refers to the 1971 Supreme Court case of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. The Bivens case held that a plaintiff can recover money damages from officers of the U.S. government for ... commentator noted that it was "just a bunch of young kids" who "came in, dressed in black, and started doing business." His Name Was Maurice, He Called Himself Hank, But Everyone Knew Him for Chutzpah: Over the years, The D&O Diary ...
The D & O Diary - http://www.dandodiary.com/
5 Jan, 2007 10:01 am
... 's summary denial of prisoner's motion to change prison location. HELD: Because prisoner's motion to change place of imprisonment to location closer to family was filed in criminal case and not in civil rights complaint comporting with requirements of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), it was properly denied by district court. Read the opinion here.
Direct Appeal - http://directappeal2.blogspot.com/index.html
2 Oct, 2008 9:21 pm by Levin & Perconti
... Public Health Service doctors who willfully fail to render appropriate diagnosis and treatment may be sued in constitutional tort action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. They agreed that the district judge that the Federal Tort Claims Act does not provide an "equally effective remedy" for such violations, the panel affirmed an order denying a motion by three officers and two civilian ...
Illinois Medical Malpractice Blog - http://medicalmalpractice.levinperconti.com/
23 Sep 6:01 pm by Lawrence Solum
... of Bivens Litigation and its Consequences for the Individual Liability Model (Stanford Law Review, Vol. 62, 2010) on SSRN. Here is the abstract: In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court held that the Federal Constitution provides a cause of action in damages for violations of the Fourth Amendment by individual federal officers. The so-called "Bivens" cause of action - ...
Legal Theory Blog - http://lsolum.typepad.com/legaltheory/
25 Sep 12:24 pm
... to "employees." This month, a federal judge in Washington, DC, held that a former translator can sue the Voice of America officials who terminated her contract after she made an anti-war music video. Using the authority of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), Judge Ellen Segal Huvelle has ordered that Melodi Navab-Safavi can proceed with her lawsuit against the ...
Whistleblower Protection Blog - http://www.whistleblowersblog.org/
11 Oct 11:40 pm by laborprof lpb
Alex Reinert (Cardozo) has posted on SSRN his forthcoming article in the Stanford Law Review: Measuring the Success of Bivens Litigation and its Consequences for the Individual Liability Model. Here's the abstract: In Bivens v. Six Unknown Named Agents of...
Workplace Prof Blog - http://lawprofessors.typepad.com/laborprof_blog/
3 Nov 9:49 am by Betsy McKenzie
... state a claim under the Torture Victim Protection Act and that his remaining claims did not satisfy the test for "implied" constitutional causes of action under the 1971 U.S. Supreme Court decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388. "Applying our understanding of Supreme Court precedent, we decline to create, on our own, a new cause of action against officers and employees of the ...
Out of the Jungle - http://outofthejungle.blogspot.com
18 May 9:53 am by Jeralyn
... t set forth sufficient facts against Ashcroft and Mueller to establish discrimination. It made no determination as to the other named officials who allegedly mistreated Iqbal and others while in custody. The opinion is here (pdf). Snippets below: ... District of New York against 34 current and former federal officials and 19 "John Doe" federal corrections officers. See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). The defendants range from the correctional officers who had day- ...
TalkLeft: The Politics of Crime - http://talkleft.com
28 Sep 1:36 am by Susan Brenner
... false 18 pt 18 pt 0 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow: ... of one thing under a warrant describing another." This means, as a later Court noted, that the Amendment "confines an officer executing a search warrant strictly within the bounds set by the warrant." Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (U.S. Supreme Court 1971). The ...
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com
14 Nov, 2008 12:15 am by bspcn
... and recognizable stars. James Bond has been portrayed, so far, by six different actors - Sean Connery, George Lazenby, Roger Moore, Timothy Dalton, ... was bank-rolled by Smirnoff! Bond is sent to investigate the killing of one of his fellow agents, and the course of his investigation puts him on the trail of Dr. No, who is not the ... May Day, played by Jamaican actress Grace Jones (who was dating an unknown Swedish actor named Dolph Lundgren at the time) and she is one of the rare examples of real ...
Life of a Law Student: All Feeds - http://www.lifeofalawstudent.com
9 Jan 6:04 am
... named George Thomas.) Federal judges such as David Trager and T.S. Ellis, III refused to allow cases brought by innocent but tortured persons ... memoranda and actions began to become public. To this day, however, it remains true that an unknown (perhaps large) number of the memos remain secret. (For instance, on a related subject, memos ... shunned, and he was physically threatened. • In approximately October/November 2002 an FBI agent named Jim Clemente (who had a law degree and had been a prosecutor ...
Velvel on National Affairs - http://velvelonnationalaffairs.blogspot.com
6 Nov 7:10 pm
... has lobbied nationwide for tougher laws against criminals who prey on children. But unknown to most, Lunsford has had another source of income for the past two years ... under investigation by the Chicago DEA. They were given special codes for communicating with agents and infrared night scopes for surveillance of smugglers. In September 1995, a Cistern Five ... and maintained only for law enforcement agencies. By 1996, his company's name had been shortened to DBT Online, but the firm had amassed 180 ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
29 Oct, 2007 9:44 pm by Serena
... (where the number of such executions is known to be 919 as of 31 July 2007) and China (where the number is unknown, but believed to range from hundreds to more than a thousand). Taiwan, Guatemala, Philippines and Thailand also ... includes, but is not limited to, the following actions: prescribing or administering tranquilizers and other psychotropic agents and medications that are part of the execution procedure; monitoring vital signs on site or remotely (including monitoring electrocardiograms); ...
Lethal Injection - http://lethal-injection-florida.blogspot.com/index.html
15 Nov, 2007 4:37 am by ZMan!
... child sexual predation." Making a list Over the last 15 years, a series of laws named after missing and exploited children have been enacted nationwide. The Jacob Wetterling ... 000 registered sex offenders include more than 1,000 whose whereabouts are unknown. Wisconsin's sex-offender compliance rate is much higher than the national average ... . Three days before a scheduled polygraph on Aug. 16, Howell confessed to his agent that he violated 17 of his 47 rules, including "the big three" -- unapproved ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
9 Apr, 2007 11:58 am by Stephen Worrall
... Service of Process: When the service of process is delivered through other methods such as a newspaper due to the unknown whereabouts of the spouse. Contempt of Court: Obstructing the authority of the court by intentionally violating a court order. Contempt: ... . Equity: The net proceeds from the sale of a home, minus the fees of the solicitor and the real estate agent and the satisfying of the mortgage. Estate: A right or interest in property or the property of a deceased person. Evaluation: A ...
Georgia Family Law Blog - http://gafamilylawblog.com/
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