Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388

United State Supreme Court

1971

Chapter

19

Title

Civil Rights

Page

796

Topic

Bivens Actions

Quick Notes

Where legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done

Book Name

Torts Cases, Problems, And Exercises.  Weaver, Third Edition.  ISBN:  978-1-4224-7220-0.

Issue

o         Whether violation of that command by a federal agent acting under color of his authority gives rise to a cause of action for damages consequent upon his unconstitutional conduct?  Yes, Today we hold that it does.

Procedure

Trial

o         District Court Dismissed for failure to state a claim.

Appellant

o         Affirmed

Supreme

o         Reversed and Remanded

Facts

Reasoning

Rules

Pl Bivens

Df 6 FBN Agents

FBN Agent Search Bivens Apt

o         This case has its origin in an arrest and search carried out on the morning of November 26, 1965.

o         Bivens  complaint alleged 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.

o         The agents manacled [handcuffed] petitioner in front of his wife and children, and threatened to arrest the entire family.

o         They searched the apartment from stem to stern [thoroughly].

o         Bivens was taken to the federal courthouse in Brooklyn, where he was interrogated, booked, and subjected to a visual strip search.

Bivens Suit

o         Uuit in Federal District Court.

o         Arrest and search were effected without a warrant,

o         Unreasonable force was employed in making the arrest;

o         Arrest was made without probable cause.

o         Suffered great humiliation,  embarrassment, and mental suffering as a result of the agents' unlawful conduct,

o         Sought $15,000 damages from each of them.

Df - Motioned to dismiss

District Court

o         Dismissed the for failure to state a cause of action.

Court of Appeals

o         Affirmed

S.Ct  - We reverse.

Agents Forth Amendment Argument

o         Bivens may obtain money damages to redress invasion only by an action in tort, under state law, in the state courts.

o         The Fourth Amendment would serve merely to limit the extent to which the agents could defend the state law tort.

o         Asserting that their actions were a valid exercise of federal power:

o         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.

Forth Amendment - It guarantees to citizens of the United States

o         The absolute right to be free from unreasonable searches and seizures carried out by virtue of federal authority.

o         And "where federally protected rights have been invaded; courts will be alert to adjust their remedies so as to grant the necessary relief.

Courts Response

o         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.

o         It is well settled that

o        where legal rights have been invaded, and

o        a federal statute provides for a general right to sue for such invasion,

o        federal courts may use any available remedy to make good the wrong done.

Reversed And Remanded

DISSENTING Burger

o         He wants to create a respondent Superior for States when Forth Amendment rights have been violated.

Rules

Forth Amendment - It guarantees to citizens of the United States

o         The absolute right to be free from unreasonable searches and seizures carried out by virtue of federal authority.

o         And "where federally protected rights have been invaded; courts will be alert to adjust their remedies so as to grant the necessary relief.

Where legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done.

Class Notes