Difference between revisions of "Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics"
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(New page: '''Bivens''' refers to a cause of action established by the U.S. Supreme Court for a Fourth Amendment violation by federal officers. The victim is entitled to recover his dama...) |
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*against private prisons, ''Correctional Services Corp. v. Malesko'', 534 U.S. 61 (2001) | *against private prisons, ''Correctional Services Corp. v. Malesko'', 534 U.S. 61 (2001) | ||
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| + | *harassment and intimidation aimed at extracting an easement across private property, ''Wilkie v. Robbins'', 127 S. Ct. 2588 (June 25, 2007) | ||
[[Category:United States Supreme Court Cases]] | [[Category:United States Supreme Court Cases]] | ||
Revision as of 03:33, September 2, 2007
Bivens refers to a cause of action established by the U.S. Supreme Court for a Fourth Amendment violation by federal officers. The victim is entitled to recover his damages. Bivens, 403 U.S. 388.
Subsequently the Court has recognized two more nonstatutory damages remedies:
- for employment discrimination in violation of the Due Process Clause, Davis v. Passman, 442 U.S. 228 (1979)
- for an Eighth Amendment violation by prison officials, Carlson v. Green, 446 U.S. 14 (1980).
The Court has held against applying the Bivens model to claims of:
- First Amendment violations by federal employers, Bush v. Lucas, 462 U.S. 367 (1983)
- harm to military personnel through activity incident to service, United States v. Stanley, 483 U.S. 669 (1987); Chappell v. Wallace, 462 U.S. 296 (1983)
- wrongful denials of Social Security disability benefits, Schweiker v. Chilicky, 487 U.S. 412 (1988).
- against federal agencies, FDIC v. Meyer, 510 U.S. 471 (1994)
- against private prisons, Correctional Services Corp. v. Malesko, 534 U.S. 61 (2001)
- harassment and intimidation aimed at extracting an easement across private property, Wilkie v. Robbins, 127 S. Ct. 2588 (June 25, 2007)