3L Emily Kelley’s article, Bivens: Where Did It Come From and Where Do We Go?, was published on the American Bar Association Litigation Section website.
Under U.S. law, federal officials are broadly protected from litigation against actions taken in their official capacities. In the 1971 case Bivens v. Six Unknown Federal Agents of Federal Bureau of Narcotics, the U.S. Supreme Court allowed the plaintiff to seek to hold the federal agents liable for violating his Fourth Amendment right to be safe from unreasonable search and seizure. Over the next decade, the Court expanded its original holding in two cases, but has not recognized a Bivens action in more than 50 years.
In this article, Kelley outlines the reasons that the Supreme Court has granted “Bivens actions” in the past—highlighting the importance of the ability to do so—and offers advice to potential litigants on how to bring action against federal officials for constitutional rights violations.
Click here to read the full article on the ABA website (subscription required).