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26 Feb 2017, 11:09 am by Howard Wasserman
The following exchange occurred toward the end of Petitioner's argument: Justice Alito asked whether a plaintiff would have a § 1983 action if the shooter had been a state or local police officer; petitioner's attorney responded "You would not have a claim over the State officer, but if you don't --but a Bivens claim--a constitutional Bivens claim could apply to the State officer. [read post]
14 Feb 2017, 3:16 pm by Amy Howe
” The final question – which the justices themselves added to the case – is whether Hernández’s parents can bring their suit under the Supreme Court’s 1971 decision in Bivens v. [read post]
14 Feb 2017, 7:30 am by Orin Kerr
When the court granted cert, the court added a third question drafted by the court itself: “Whether the claim in this case may be asserted under Bivens v. [read post]
10 Feb 2017, 7:56 am by The Federalist Society
The questions now before the Supreme Court are threefold: (1) whether the Second Circuit, in finding that Plaintiffs’ due process claims did not arise in a “new context” for purposes of implying a remedy under Bivens v. [read post]
1 Feb 2017, 6:26 am by Matthew L.M. Fletcher
Impson, 530 Fed.Appx. 777 (10th Cir. 2013) (ruling against Freedman descendant in Bivens action) United States v. [read post]
12 Jan 2017, 10:30 am by Amy Howe
The first is whether the plaintiffs can rely on the Supreme Court’s 1971 decision in Bivens v. [read post]
5 Jan 2017, 2:09 pm by Jonathan Hafetz
The teenager’s family brought a damages suit against the agent under Bivens v. [read post]
13 Oct 2016, 4:09 am by Edith Roberts
Constitution Daily reports on Hernandez v. [read post]