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3 Mar 2022, 6:51 am by Howard M. Wasserman
ShareThe Supreme Court on Wednesday returned to the scope of the right to sue federal officers for damages under Bivens v. [read post]
25 Oct 2011, 7:37 pm by Alan Rozenshtein
This famously led then–Fourth Circuit Judge Michael Luttig to criticize the government for adopting tactics seemingly designed to keep the case out of the Supreme Court. [read post]
19 May 2009, 4:38 am
Michael Dorf discusses the dicta that leaves open the possibility that Bivens is not available for Free Exercise claims, a point the Court ultimately simply assumes arguendo. [read post]
15 Mar 2011, 4:59 am by Howard Friedman
National Park Service, (ED PA, March 9, 2011), a Pennsylvania federal district court held that while a damage action under Bivens action may be brought against federal officials for 1st Amendment violations, the Park Service officers involved have qualified immunity. [read post]
27 Apr 2015, 2:39 pm by Kenneth J. Vanko
 In my opinion, Aleynikov's Bivens case may run directly into the defense of qualified immunity since he must show that the officers violated clearly established law in arresting him back in 2009. [read post]
5 Jan 2012, 9:44 pm by Orin Kerr
Further, federal officers are protected from state tort causes of action for conduct in the course of their official duties by the Westfall Act. [read post]
21 Feb 2014, 6:59 am
(This point only makes sense if we ignore the government’s ability to discipline its individual officers and assume that entity liability has no effect on individual deterrence. [read post]
20 Jun 2017, 1:40 pm by Alex Potcovaru
Bob Bauer examined if the president can be indicted while in office, and how the 25th Amendment could help resolve an “incapacitated presidency. [read post]
23 May 2019, 7:12 am by John Elwood
Mesa, 17-1678 Issues: (1) Whether, when the plaintiffs plausibly allege that a rogue federal law-enforcement officer violated clearly established Fourth and Fifth amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a damages claim under Bivens v. [read post]
4 Mar 2009, 10:26 pm
The Bivens case held that a plaintiff can recover money damages from officers of the U.S. government for their actions violating the plaintiff’s fourth amendment rights. [read post]
9 Mar 2021, 7:36 am by Bruce D. Brown, Gabe Rottman
  As Garland takes office as attorney general, he will inherit three leak cases, including the still-pending indictment of Edward Snowden. [read post]
9 Mar 2009, 6:36 am
  (See this Newsweek report by investigative journalist Michael Isikoff. [read post]