Money Damages for Fourth Amendment Violations by Federal Officials: An Explanation of Bivens v. Six Unknown Named Agents of Federal
Michael A. Berch
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Law & the Social Order, Vol. 43, pp. 43-63, 1971
Recently in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, then Supreme Court for the first time held that one who has been subjected to an unreasonable search and seizure by federal officers, has a claim for money damages upon which relief may be granted. In upholding this implied right of action under the Fourth Amendment, the Court did not decide whether a federal official enjoys immunity, nor did it detail the scope or limitations of such an action. In this Article, Professor Berch examines the ramifications of the case in the light of prior judicial and congressional fiats, and analyzes its potential impact for the individual victim, and for victims of violations of other constitutional guarantees.
Number of Pages in PDF File: 21
Keywords: Fourth Amendment, search and seizure, damagesAccepted Paper Series
Date posted: July 14, 2009
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