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From:Harvard Law Review (Vol. 131, Issue 1)Neither the Constitution nor the U.S. Code states that a federal official who violates a person's constitutional rights may be sued for damages. In its landmark 1971 decision in Bivens v. Six Unknown Named Agents of...
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From:Journal of Criminal Law and Criminology (Vol. 109, Issue 2) Peer-ReviewedIn June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained post-9/11 did not have a Bivens claim against policy-level federal executive branch officials and likely had no Bivens...
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From:Case Western Reserve Law Review (Vol. 68, Issue 4) Peer-ReviewedINTRODUCTION The Japanese-American internment litigation (1) demonstrated the difficulty of holding the government accountable for overreaching in national security cases. While some have argued that post-9/11...
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From:Stanford Law Review (Vol. 72, Issue 3) Peer-ReviewedIn Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the...
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From:Notre Dame Law Review (Vol. 96, Issue 5)In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a "new context." In Ziglar itself, the Court...
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From:Notre Dame Law Review (Vol. 96, Issue 5)INTRODUCTION INTRODUCTION No statute expressly authorizes civil suits against federal officials who violate the Constitution--for any form of relief. (4) Although Congress certainly has the power to enact such...
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From:Washington University Law Review (Vol. 96, Issue 4)INTRODUCTION In 2011, a man was involved in a road rage incident on a public highway in New Mexico. Two women called 911 to report the man as a drunk driver who was swerving while driving. The women then drove close...
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From:American Criminal Law Review (Vol. 57, Issue 4)INTRODUCTION On the night of October 10, 2012, sixteen-year-old Mexican citizen Jose Antonio Elena Rodriguez walked alone and unarmed along the sidewalk of Calle Internacional, a well-traveled road that runs parallel...