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 (5)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf legal doctrine
allows damages remedy for certain constitutional violations by federal officials
appliesTo U.S. federal agents
constitutional violations by federal, not state, officials
federal officers in their individual capacities
federal officials
basedOn United States Constitution
characterizedAs judicially created cause of action
concerns Eighth Amendment violations
Fifth Amendment violations
Fourth Amendment violations
constitutional rights violations
controversy criticized as judicial overreach by some commentators
defended as necessary to vindicate constitutional rights against federal officials
countryOfJurisdiction United States
createdBy Supreme Court of the United States
currentStatus disfavored judicial activity for recognizing new contexts
distinguishedFrom 42 U.S.C. § 1983 actions
doesNotApplyTo United States as a sovereign
constitutional violations by state officials
federal agencies as entities
hasAlternativeName Bivens action
linked to: Bivens doctrine

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
linked to: Bivens doctrine
originatedInCase Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
linked to: Bivens doctrine
originatedInCourt Supreme Court of the United States
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)
linked to: Bivens doctrine

Egbert v. Boule, 596 U.S. 482 (2022)
Ziglar v. Abbasi, 582 U.S. 120 (2017)
testIncludes availability of alternative remedial schemes
special factors counselling hesitation
yearOfOrigin 1971

How these facts were elicited

Referenced by (7)

Full triples — surface form annotated when it differs from this entity's canonical label.

Federal Tort Claims Act relatedTo Bivens actions
linked to: Bivens doctrine
Bivens doctrine hasAlternativeName Bivens action
linked to: Bivens doctrine
Bivens doctrine namedAfter Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
linked to: Bivens doctrine
Bivens doctrine originatedInCase Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
linked to: Bivens doctrine
Bivens doctrine subjectOf Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)
linked to: Bivens doctrine
FDIC v. Meyer involvesLegalDoctrine Bivens action
linked to: Bivens doctrine