Legal Definitions - Bivens action

Bivens action

A Bivens action is a type of lawsuit that allows an individual to sue a federal officer directly for monetary damages if that officer violated the individual's constitutional rights while acting in their official capacity.

This legal remedy was established by the U.S. Supreme Court in the 1971 case of Bivens v. Six Unknown Named Agents. It provides a way for people to seek compensation when federal agents or officials, acting under the authority of the federal government, infringe upon their rights guaranteed by the U.S. Constitution.

It's important to note that while a Bivens action offers a path to accountability, the Supreme Court has limited its availability to specific circumstances, and certain federal officials may be immune from such lawsuits.

Here are some examples of situations where a Bivens action might be considered:

• Example 1: Unlawful Search and Seizure

  Imagine federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conduct a raid on a private residence without a valid search warrant or any probable cause. During the raid, they cause significant property damage and seize personal belongings unrelated to any suspected crime. The homeowner believes their Fourth Amendment right against unreasonable searches and seizures has been violated.

  How it illustrates the term: The homeowner could potentially file a Bivens action against the individual ATF agents involved in the raid. They would seek monetary damages for the property damage and the violation of their constitutional rights by federal officers acting under federal authority.

• Example 2: Violation of Due Process Rights

  Consider a scenario where a federal employee, working for a government agency, is summarily fired without any notice, explanation, or opportunity to present their side of the story, despite agency policies guaranteeing such due process. The employee believes their Fifth Amendment right to due process has been violated, leading to significant financial hardship.

  How it illustrates the term: The former employee might pursue a Bivens action against the specific federal officials responsible for the termination, arguing that their actions deprived the employee of their constitutional right to due process without proper procedure, and seeking compensation for lost wages and other damages.

• Example 3: Cruel and Unusual Punishment in Federal Custody

  Suppose an individual held in a federal immigration detention center develops a severe medical condition. Despite repeated requests and clear signs of distress, federal correctional officers or medical staff working for the federal government deliberately deny or delay essential medical treatment, leading to a significant worsening of the detainee's health and prolonged suffering. The detainee believes their Eighth Amendment right against cruel and unusual punishment has been violated.

  How it illustrates the term: The detainee could initiate a Bivens action against the specific federal officers or staff members whose deliberate indifference to their serious medical needs constituted a violation of their constitutional rights, seeking damages for their injuries and suffering.