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4 Aug 2022, 10:53 am by Hyland Hunt
(Eleven, if you count a concurring statement by Judge Silberman, stating his view that the availability of a remedy under the Federal Tort Claims Act is a special factor precluding a Bivens remedy in a new context). [read post]
26 Jan 2012, 3:38 pm by Steve Vladeck
Pollard, which held that Bivens claims should not be available against private prison guards (federal government contractors) where adequate remedies are available under state law… As Justice Breyer wrote for the Court, where, as here, a federal prisoner seeks damages from privately employed personnel working at a privately operated federal prison, where the conduct allegedly amounts to a violation of the Eighth Amendment, and where that conduct is of a kind that… [read post]
10 May 2022, 7:29 am by Seth Davis
Sessions showed the skepticism with which federal judges greet Bivens claims after Ziglar v. [read post]
8 Aug 2011, 1:06 pm by Benjamin Wittes
However, the most significant impact of the court’s holding is its extension of Bivens v. [read post]
17 Jun 2008, 4:48 pm
In so doing, he followed  a decades-old path: In Bivens v. [read post]
19 Jun 2017, 6:03 pm by Amy Howe
Both the court’s ruling and Breyer’s dissent hinged on the Supreme Court’s 1971 decision in Bivens v. [read post]
18 Mar 2007, 8:25 pm
On Monday, March 19, the Justices will hear oral argument in Wilkie v. [read post]