Bivens doctrine
E494921
The Bivens doctrine is a judicially created legal principle that allows individuals to seek damages in federal court against U.S. federal officials for certain constitutional rights violations, despite the general barrier of sovereign immunity.
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf | legal doctrine ⓘ |
| allows | damages remedy for certain constitutional violations by federal officials ⓘ |
| appliesTo |
U.S. federal agents
NERFINISHED
ⓘ
constitutional violations by federal, not state, officials ⓘ federal officers in their individual capacities ⓘ federal officials ⓘ |
| basedOn | United States Constitution NERFINISHED ⓘ |
| characterizedAs | judicially created cause of action ⓘ |
| concerns |
Eighth Amendment violations
ⓘ
Fifth Amendment violations NERFINISHED ⓘ Fourth Amendment violations NERFINISHED ⓘ constitutional rights violations ⓘ |
| controversy |
criticized as judicial overreach by some commentators
ⓘ
defended as necessary to vindicate constitutional rights against federal officials ⓘ |
| countryOfJurisdiction | United States NERFINISHED ⓘ |
| createdBy | Supreme Court of the United States NERFINISHED ⓘ |
| currentStatus | disfavored judicial activity for recognizing new contexts ⓘ |
| distinguishedFrom | 42 U.S.C. § 1983 actions ⓘ |
| doesNotApplyTo |
United States as a sovereign
NERFINISHED
ⓘ
constitutional violations by state officials ⓘ federal agencies as entities ⓘ |
| hasAlternativeName |
Bivens action
NERFINISHED
ⓘ
Bivens cause of action ⓘ |
| hasTrend | narrowed by later Supreme Court decisions ⓘ |
| legalArea |
civil rights
ⓘ
constitutional law ⓘ federal courts ⓘ remedies ⓘ |
| legalEffect | permits suits for damages directly under the Constitution against federal officers ⓘ |
| limitedBy | sovereign immunity of the United States ⓘ |
| namedAfter | Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics NERFINISHED ⓘ |
| originatedInCase | Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics NERFINISHED ⓘ |
| originatedInCourt | Supreme Court of the United States NERFINISHED ⓘ |
| overcomes | lack of explicit statutory damages remedy for some constitutional violations ⓘ |
| relatedConcept |
federal common law
ⓘ
implied cause of action ⓘ qualified immunity ⓘ sovereign immunity ⓘ |
| remedyType | monetary damages ⓘ |
| requires | violation of a clearly established constitutional right in some contexts ⓘ |
| scope | generally limited to a few recognized contexts ⓘ |
| subjectOf |
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)
NERFINISHED
ⓘ
Egbert v. Boule, 596 U.S. 482 (2022) NERFINISHED ⓘ Ziglar v. Abbasi, 582 U.S. 120 (2017) NERFINISHED ⓘ |
| testIncludes |
availability of alternative remedial schemes
ⓘ
special factors counselling hesitation ⓘ |
| yearOfOrigin | 1971 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.