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.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Bivens doctrine canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T5099941 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Bivens doctrine Context triple: [United States sovereign immunity law, implementedBy, Bivens doctrine]
-
A.
Ex parte Young
Ex parte Young is a landmark 1908 U.S. Supreme Court decision that created a legal fiction allowing suits in federal court against state officials to stop ongoing violations of federal law, despite state sovereign immunity under the Eleventh Amendment.
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B.
United States sovereign immunity law
United States sovereign immunity law is the body of legal principles and doctrines that limit when and how the federal government, states, and their agencies can be sued without their consent.
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C.
42 U.S.C. § 1983
42 U.S.C. § 1983 is a key federal civil rights statute that allows individuals to sue state and local officials in U.S. courts for violations of constitutional or federally protected rights.
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D.
Federal enclaves doctrine
The Federal enclaves doctrine is a legal principle governing the jurisdiction and authority of the federal government over lands within a state that are under exclusive or special federal control, such as military bases and federal buildings.
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E.
Washington v. Davis
Washington v. Davis is a 1976 U.S. Supreme Court case that held laws or policies with a racially disproportionate impact do not violate the Equal Protection Clause absent proof of discriminatory intent.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Bivens doctrine Target entity description: 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.
-
A.
Ex parte Young
Ex parte Young is a landmark 1908 U.S. Supreme Court decision that created a legal fiction allowing suits in federal court against state officials to stop ongoing violations of federal law, despite state sovereign immunity under the Eleventh Amendment.
-
B.
United States sovereign immunity law
United States sovereign immunity law is the body of legal principles and doctrines that limit when and how the federal government, states, and their agencies can be sued without their consent.
-
C.
42 U.S.C. § 1983
42 U.S.C. § 1983 is a key federal civil rights statute that allows individuals to sue state and local officials in U.S. courts for violations of constitutional or federally protected rights.
-
D.
Federal enclaves doctrine
The Federal enclaves doctrine is a legal principle governing the jurisdiction and authority of the federal government over lands within a state that are under exclusive or special federal control, such as military bases and federal buildings.
-
E.
Washington v. Davis
Washington v. Davis is a 1976 U.S. Supreme Court case that held laws or policies with a racially disproportionate impact do not violate the Equal Protection Clause absent proof of discriminatory intent.
- F. None of above. chosen
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 ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: Bivens doctrine Description of subject: 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.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.