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