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11 Oct 2016, 2:11 pm by Amy Howe
” The issues of immunity for federal officials and lawsuits brought under Bivens are also at the center of Ziglar v. [read post]
11 Oct 2016, 11:57 am by Andrew Hamm
Turkmen: Whether the court of appeals, in finding that respondents’ Fifth Amendment claims did not arise in a “new context” for purposes of implying a remedy under Bivens v. [read post]
6 Jun 2016, 11:09 am by Jaclyn Belczyk
The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Simmons v. [read post]
18 Apr 2016, 1:11 pm
 556 U.S. at 676 (to state a Bivens claim, "a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution"). [read post]
23 Mar 2016, 7:55 am by Steven Schwinn
The Court also spent significant time trying to figure out if Himmelreich’s Section 2680 argument runs contrary to the result in United States v. [read post]
22 Mar 2016, 3:39 am by Amy Howe
Himmelreich is when a court’s dismissal of an inmate’s Federal Tort Claims Act bars a parallel Bivens claim. [read post]
23 Dec 2015, 6:22 am by Second Circuit Civil Rights Blog
That 2-1 ruling is now the subject of a debate at the Court of Appeals, which has decided not to hear the case en banc.The case is Turkmen v. [read post]
10 Dec 2015, 7:13 am by Kate Fort
(emphasis added) And: …even if the 2015 Guidelines were legislative rules, rather than interpretive guidelines that do not mandate state court compliance, the 2015 Guidelines still would not commandeer state entities to comply with its regulations… Just as Congress may pass laws enforceable in state courts, Congress may direct state judges to enforce those laws. [read post]