6 FBN Agents
Search Bivens Apt
This case has its origin in an arrest and search carried out on the
morning of November 26, 1965.
that on that day 6 Agents, of the Federal Bureau of
Narcotics acting under claim of
federal authority, entered his apartment and arrested him
for alleged narcotics violations.
The agents manacled [handcuffed] petitioner
in front of his wife and children,
and threatened to arrest the entire
They searched the apartment from stem to stern [thoroughly].
Bivens was taken to the federal courthouse in Brooklyn, where he was
interrogated, booked, and subjected to a visual
Uuit in Federal District Court.
Arrest and search were effected without a warrant,
Unreasonable force was employed in making the arrest;
Arrest was made without probable cause.
Suffered great humiliation, embarrassment, and mental suffering as a
result of the agents' unlawful conduct,
Sought $15,000 damages from each of
Df - Motioned
Dismissed the for failure to state a cause of action.
Bivens may obtain money damages to redress
invasion only by an action in tort, under
state law, in the state courts.
The Fourth Amendment would serve merely to limit the extent to which
the agents could defend the state law tort.
Asserting that their actions were a valid exercise of federal power:
If the agents were shown to have violated the Fourth Amendment, such a
defense would be lost to them and they would stand before the
state law merely as private individuals.
- It guarantees to citizens of the United States
The absolute right to be free from unreasonable searches and seizures
carried out by virtue of federal authority.
And "where federally protected rights have been invaded;
courts will be alert to adjust
their remedies so as to grant the necessary relief.
The interests protected by state laws regulating trespass and the
invasion of privacy, and those protected by the Fourth
Amendment's guarantee against
unreasonable searches and seizures, may be
inconsistent or even hostile.
It is well settled that
where legal rights have been invaded,
a federal statute provides for a general right to sue for such
federal courts may use any available remedy to make good the wrong
He wants to create a respondent Superior for States when Forth
Amendment rights have been violated.