An Assessment of Bivens: Is It Time for a Congressional Fix
Abstract
In 1971, the U.S. Supreme Court decided the case of Bivens V. Six Unknown Named Agents. For the first time, the court held that federal government employees and officials may be individually sued and held personally liable for violations of U.S. constitutional rights committed while performing their official duties on behalf of Congress or the Executive Branch. In the 28 years since Bivens, the number of constitutional tort cases filed against individual federal employees has grown significantly. This litigation is costly and has created significant problems for both the government and the individual defendants, and has not provided a true remedy for injured plaintiffs. There are indications that the vast majority of Bivens lawsuits against individual federal employees are unfounded and are filed for reasons other than monetary rehabilitation. Additionally, it is open to debate whether the new substantive legal right created by the Court has served the public interest in general or in the manner intended by the Court.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 08, 2000
- Accession Number
- ADA380141
Entities
People
- Michael B. Neveu
Organizations
- United States Army War College