Silberman’s Concurrence Offers FTCA Alternative Remedy Against Extending Bivens
Senior Circuit Judge Laurence Silberman for the U.S. Court of Appeals for the District of Columbia issued a separate opinion arguing for another path to reject future Bivens claims.
Seventh Circuit Finds Terry Stop at Gunpoint Warranted by Circumstances
The U.S. Court of Appeals for the Seventh Circuit recently held that conducting a stop and frisk at gunpoint was reasonable based on officers’ observations of a suspect’s conduct.
Fifth, Sixth Circuits Split on DHS Immigration Enforcement Guidance
The U.S. Court of Appeals for the Fifth and Sixth Circuits are divided on temporarily halting the Department of Homeland Security (DHS) from enforcing its arrest and deportation guidance.
Supreme Court Narrows Lawsuits Against Federal Employees in Personal Capacity
The U.S. Supreme Court’s sweeping decision in Egbert v. Boule precludes almost any new kinds of Bivens claims against federal employees, opening the door to a future overturn.
Dismissing FTCA Claims for Lack of Jurisdiction Can Bar Related Bivens Claims, Supreme Court Rules
When a district court addresses the merits of a Federal Tort Claims Act claim in its decision dismissing that claim for failing to legally state a claim, the FTCA bars the plaintiffs from bringing any Bivens claim on the same subject matter, the Supreme Court held today.
Eighth Circuit Refuses to Extend Bivens to False Arrest by Deputized Federal Officer
Muna Abdulkadir was a witness for the government in a federal sex-trafficking case. In that case, thirty individuals were charged and detained as suspected participants in a sex-trafficking scheme. Of the thirty individuals, only nine were tried, and all were acquitted.
Fifth Circuit Declines to Extend Bivens to Fourth Amendment Claims Against VA Officers
Recently, the Court of Appeals for the Fifth Circuit declined to extend Bivens to violations of the Fourth Amendment for excessive force and unreasonable seizure brought against Department of Veterans Affairs police officers.