Civil Rights Litigation

'Bivens' on the Ropes

, New York Law Journal


Civil Rights Litigation columnist Ilann M. Maazel writes: Most lawyers have some familiarity with 42 U.S.C. §1983, which provides a private cause of action against state officers who violate, inter alia, the U.S. Constitution. Less familiar, though no less important, is the judicially-created private cause of action against federal officers who violate the Constitution, under 'Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics'—a decision that has now sustained a significant blow by the U.S. Supreme Court.

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