Bivens' Revisions: Constitutional Torts After Minneci v. Pollard

35 Pages Posted: 13 Oct 2013

See all articles by Thomas Frampton

Thomas Frampton

University of Virginia School of Law

Date Written: December 1, 2012

Abstract

This Comment examines the current state of the Bivens doctrine in light of the Supreme Court's recent holding in Minneci v. Pollard. The author argues that, rather than another example of the Court's wariness toward "extending" Bivens to a "new context," Minneci represents a subtle but significant retreat for the doctrine itself. After critiquing the Court's application of the traditional two-step test for assessing potential Bivens claims, the Comment concludes by exploring what the Minneci Court's reasoning may portend for the future of Bivens.

Suggested Citation

Frampton, Thomas, Bivens' Revisions: Constitutional Torts After Minneci v. Pollard (December 1, 2012). California Law Review, Vol. 100, No. 6, 2012, Available at SSRN: https://ssrn.com/abstract=2339401

Thomas Frampton (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903

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