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The Story of Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics
James E. Pfander Northwestern University School of Law FEDERAL COURTS' STORIES, Judith Resnik & Vicki C. Jackson, eds., 2009 Northwestern Public Law Research Paper No. 09-36 Abstract: In Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, the Supreme Court recognized the right of an individual to sue federal government officials for a violation of constitutional rights. Drawing on interviews with some of the participants, including Webster Bivens himself and one of the agents who conducted the search, this chapter in the forthcoming book Federal Courts' Stories describes the events that led to the litigation and the complex array of factors that informed the Court's approach to the case. After placing the Bivens decision in context, the chapter evaluates the competing narratives that have grown up around the famous decision.
Keywords: constitutional torts, Bivens, individual rights JEL Classifications: K10, K19 Accepted Paper SeriesDate posted: August 31, 2009 ; Last revised: September 01, 2009Suggested CitationContact Information
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