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This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. ...
Where a defendant special agent has moved to dismiss a complaint over an alleged warrantless search of the plaintiff’s residence, that motion should be denied because the plaintiff has stated a claim for relief under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). “This case arises out of
As New York opens a one-year window for survivors of adulthood sexual abuse to bring otherwise time-barred claims, incarcerated individuals who were abused by prison staff have an opportunity to seek redress, and can rely on a recent federal court decision to assess potential remedies, says Jaehyun Oh at the Jacob D. Fuchsberg Law Firm.
Where a U.S. District Court judge dismissed a claim brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), that decision should be upheld on the basis of the Federal Tort Claims Act judgment bar as interpreted in Harris v. United States, 422 F.3d 322 (6th Cir. 2005).
Recent decisions by the Supreme Court have roiled the immigrant rights community, from detention to accountability for border agents.