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Simple English definitions for legal terms

Bivens action

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A quick definition of Bivens action:

A Bivens action is a lawsuit that can be filed against a federal officer who violates someone's constitutional rights while acting in their official capacity. The person filing the lawsuit must prove that their rights were violated. The term "Bivens action" comes from a Supreme Court case that established this type of lawsuit. However, there are some exceptions, such as when the President or federal officials are immune from these types of lawsuits.

A more thorough explanation:

A Bivens action is a type of lawsuit that can be filed against a federal officer who violates someone's constitutional rights while acting in their official capacity. The name comes from a Supreme Court case called Bivens v. Six Unknown Named Agents.

In order to win a Bivens action, the person filing the lawsuit (the plaintiff) must prove that their constitutional rights were violated by the federal officer. For example, if a federal officer conducted an illegal search of someone's home, that person could file a Bivens action for damages.

However, there are some exceptions to Bivens actions. For example, the President of the United States is immune from Bivens actions, and federal officials who are performing adjudicatory functions for an administrative agency are also immune.

Overall, a Bivens action is a way for people to hold federal officers accountable for violating their constitutional rights.

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lilypadfrog
20:31
that seems crazy #tome
texaslawhopefully
20:32
No, at least from the two people I know there that’s false. I think it’s just something like Chicago for conservatives is on par with S whereas for liberals it’s below HYS but above CCNP
texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
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