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SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim
by Dale Chappell
The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), which authorized a lawsuit against federal officials based on alleged ...
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More from this issue:
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, by Dale Chappell, Jacob Barrett
- California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, by David Reutter
- The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final, by Douglas Ankney
- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, by Harold Hempstead
- Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes, by Anthony Accurso
- Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements, by Anthony Accurso
- New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, by Douglas Ankney
- Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment, by Harold Hempstead
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, by Dale Chappell
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, by Harold Hempstead
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, by Mark Wilson
- SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim, by Dale Chappell
- Tech Giants Support Ban on Geofence and Reverse Keyword Warrants, by Anthony Accurso
- Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief, by Dale Chappell
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, by Douglas Ankney
- New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, by Douglas Ankney
- USSC Report Highlights Problems with Sentencing in Child Porn Cases, by Dale Chappell
- California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95, by Matthew Clarke
- Forensic Psychiatrist Questions the Value of Memory, by Jayson Hawkins
- The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation, by Casey Bastian
- Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, by Anthony Accurso
- FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield, by Jayson Hawkins
- Psychological Repercussions of Surveillance, by Anthony Accurso
- Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI, by Anthony Accurso
- Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes, by Jacob Barrett
- Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies, by Douglas Ankney
- News in Brief
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, March 1, 2024. Jail Specific, Supervisory Liability, Municipal Liability, Legal Mail, First Amendment, rights, Attorney/Client.
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails, Jan. 1, 2024. Electronic Monitoring, Qualified Immunity, Due Process, First Amendment, rights, Attorney Misconduct/Disqualification, Email and IP Addresses, Prison Mail, Legitimate Penological Interests.
- DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct, Nov. 1, 2023. Police Misconduct, Protests, First Amendment, rights, Relevant Conduct.
- CoreCivic Fails to Defeat California’s Anti-SLAPP Law at Ninth Circuit, Must Pay $45,630 in Attorney Fees, Oct. 15, 2023. Corrections Corporation of America/CoreCivic, Settlements, First Amendment, First Amendment, rights.
- SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction, Aug. 1, 2023. First Amendment, rights, Mental Health Experts, Reckless Endangerment/Risk of Injury.
- Federal Judge Rules Arizona Law Making It Illegal to Film Cops Within 8 Feet Is Unnecessary, Sept. 26, 2022. Police Misconduct, First Amendment, rights, Recordings.
- Wait,What? Florida DOC Bans Tee Shirts Promoting Prisoner Visits, Sept. 16, 2022. Protests, Visiting, First Amendment, rights.
- Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy, March 15, 2022. First Amendment, rights, Electronic Surveillance.
- Sixth Circuit Refuses to Extend Bivens to BOP Prisoner’s First Amendment Claims, June 1, 2021. First Amendment, rights, Civil Rights Actions or Offenses/Bivens Actions.
