Bivens' Revisions: Constitutional Torts After Minneci v. Pollard
35 Pages Posted: 13 Oct 2013
Date Written: December 1, 2012
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.
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