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What is Bivens v. Six Unknown Agents?
According to Wikipedia, in the landmark case of Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), the US Supreme Court established a significant legal precedent [1].
It ruled that individuals have the right to seek recourse when their Fourth Amendment protections against unreasonable searches and seizures are violated by federal entities like the Federal Bureau of Narcotics.
Despite the absence of a specific federal statute enabling such legal action, the court recognized an implied cause of action. This implied remedy stemmed from the fundamental importance of safeguarding constitutional rights.
The case was understood to create a cause of action against the federal government similar to the one in 42 U.S.C. § 1983 against the states. However, the Supreme Court has sharply limited new Bivens claims.
What is 42 U.S.C. § 1983?
Frequently known as Section 1983, 42 U.S.C. § 1983 empowers individuals to take legal action against state and local government officials who have infringed upon their civil liberties.
Section 1983 states:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law … .”
In essence, any individual can be held accountable if they abuse their authority under the guise of the law, resulting in the deprivation of rights, privileges, or immunities guaranteed to a U.S. citizen or any person within the jurisdiction of the United States by the Constitution or relevant federal or state statutes.
What is the Difference Between Bivens and 42 U.S.C. § 1983?
According to SCLG, one notable contrast between a Bivens lawsuit and a claim under 42 U.S.C. 1983 lies in their scope of coverage [2]. While a Bivens claim pertains to actions involving the federal government and its agents, Section 1983 claims address instances involving local or state officials or agencies.
| Category | Bivens Claims | § 1983 Claims |
| Basis in Law | Implied from 4th Amendment of US Constitution | Based on a federal statute (42 U.S.C. § 1983) |
| Defendant(s) | Federal officers/agents acting under federal authority | State and local officials acting under state authority |
| Remedies | Monetary damages from officers/agents | Monetary damages and/or injunctive relief |
| Venue | Federal court | State or federal court |
| Requirements | Constitutional violation by a federal officer, and no alternative remedy is available | Deprivation of constitutional right under color of state law |
Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and cannot be filed against a federal agency.
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FAQS
What Is the Bivens Doctrine?
The Bivens Doctrine is a claim that allows individuals to sue federal officials for constitutional violations, even when no specific statute authorizes such a lawsuit.
How Does a Bivens Claim Differ From a Section 1983 Claim?
A Bivens claim differs from a Section 1983 claim by its application; the Bivens claim applies to federal officials, while a Section 1983 claim targets state and local officials for civil rights violations.
Can You Sue Federal Officials Under Section 1983?
You can not sue federal officials under Section 1983; it only applies to state and local officials. Federal officials can be sued under Bivens.
What Types of Constitutional Violations Can Be Addressed Under Bivens?
Constitutional violations that can be addressed under Bivens include violations of the Fourth, Fifth, and Eighth Amendments, such as unlawful search and seizure, due process violations, and cruel and unusual punishment.
What Is Required to Prove a Bivens Claim?
To prove a Bivens claim, you are required to demonstrate that a federal official violated your constitutional rights and that no other legal remedies are available.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_Agents
2. https://www.shouselaw.com/ca/blog/bivens-vs-1983/
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