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Cases Against Federal Officers

7 cases in the library

Section 1983 applies to people acting under color of state law. Federal officers are sued, if at all, under Bivens, a judge-made remedy the Supreme Court has refused to extend to almost any new context since 1980. These cases show what remains of it and why suing a federal agent is a different problem from suing a city police officer.

Cases, newest first

Ziglar v. Abbasi

582 U.S. 120 (2017) ยท Jun 19, 2017

The Court severely limited the Bivens implied damages remedy, holding that courts should not extend it to new contexts โ€” and that post-9/11 detention policy claims present such a new context.

Ashcroft v. al-Kidd

563 U.S. 731 (2011) ยท May 31, 2011

The objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive.

Ashcroft v. Iqbal

556 U.S. 662 (2009) ยท May 18, 2009

A complaint must plead facts that make a claim plausible, not merely possible โ€” conclusory allegations and legal labels are not enough.

Hartman v. Moore

547 U.S. 250 (2006) ยท Apr 26, 2006

A plaintiff alleging retaliatory prosecution in violation of the First Amendment must plead and prove that the underlying criminal charge was not supported by probable cause.

Padilla v. Mason

169 S.W.3d 493 (Tex. App. 2005) ยท Jun 23, 2005

DPS troopers were entitled to qualified immunity and official immunity where an officer used an arm bar technique during a pat-down search and the plaintiff resisted, even though the plaintiff suffered a broken arm.

United States v. Lugo

289 F. Supp. 2d 790 (S.D. Tex. 2003) ยท Oct 17, 2003

Denied motion to suppress statements made by a defendant who was questioned as part of the BORCAP program at a county jail, finding that Miranda warnings were properly administered and that the defendant's waiver of his right to counsel was knowing and voluntary.

United States v. Wadley

No. 94-10573 (5th Cir. 1995) ยท Jul 13, 1995

Affirmed denial of motion to suppress, holding that officers had probable cause to arrest the defendant during a massive police undercover operation at a housing complex based on observed conduct consistent with narcotics activity.

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