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The Latest Breaking News from Bivens

Minnesota Bills Would Create State Right To Sue Government Officials for Constitutional Violations

Two different pieces of legislation aim to create state workarounds to the procedural quagmire of federal civil rights litigation.

Reason

These Congressmen Want To Give You the Right To Sue Federal Law Enforcement for Violating Your Rights

The proposed bills aim to revive and codify a 1971 Supreme Court ruling that allowed individuals to sue the feds for Fourth Amendment violations.

Reason

Minnesota Cop Who Fabricated a Sex-Trafficking Ring Won't Be Held Accountable

The officer made up information and lied multiple times under oath but the government says she has federal immunity.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A rescinded diploma, a brown seer stone, and a pointless waste of time.

Reason

Minnesota Woman Jailed for 2 Years Over a Fake Sex-Trafficking Ring Still Can't Sue the Cop Responsible

The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.

Reason

Federal Prison Guards Allegedly Beat an Inmate to a Pulp. The Supreme Court Says He Can't Sue.

The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A judge-on-judge benchslap, a pharmaceutical kickback, and a direct descendant of the Kings of France.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Troubled waters, a Declaration of War, and some batty paperwork.

Reason

New Bill Would Revive the Right To Sue Federal Cops for Constitutional Violations

The Supreme Court created, then gutted, a right to sue federal agents for civil rights violations.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Firearm privacy, trial transcripts, and a Good Samaritan.

Reason

Do Suits in Equity Imply a Cause of Action for Damages?

This morning's decision in DeVillier v. Texas, written by Justice Thomas for a unanimous Court, has this meticulously careful description of the relationship between law, equity, and causes of action, with a citation to my colleague A.J. Bellia's excellent work with Brad Clark (emphasis added): The cases that DeVillier cites…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliating against a harbormaster, retaliating against a prisoner, and official-act immunity.

Reason

Danelo Cavalcante’s sister arrested by ICE as police reveal his attempts to contact coworkers

Cavalcante’s sister Eleni Cavalcante faces deportation

The Independent UK

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

Reason

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Reason

D.C. Circuit Affirms Dismissal of Bivens Claims Over Clearing of Lafayette Park

Applying settled precedent, the court bars a Bivens action, but Judge Walker suggests a possilble alternative.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

Kavanaugh on Halfway Originalism

An insightful point from oral argument in National Pork Producers v. Ross -- and its implications.

Reason

Recent Episodes of Divided Argument

Divided Argument, my podcast about the Supreme Court with Dan Epps, has been in high season this month, as the Court has released the majority of its important opinions. Here are the episodes from this month so far: SMUGLER: We discuss the Bivens decision in Egbert v. Boule and the…

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Reason

Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent

A federal badge will now serve as an impenetrable shield against civil liability.

Reason

It's a Bad Year for Criminal Justice Reform at the Supreme Court

A recent pair of cases spotlights the sorry state of affairs.

Salon

SCOTUS immunizes feds from liability

"This ruling leaves victims of police violence by CBP agents without an effective remedy," ACLU warns

Reason

Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"

This claim brings to mind Justice Stevens' dissent from Citizens United.

Reason

SCOTUS Just Made It Even Harder To Sue an Abusive Federal Agent

The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.

Reason

A Federal Agent Allegedly Violated the Constitution. SCOTUS Will Decide If He Can Be Sued for It.

The justices heard oral arguments this week in Egbert v. Boule.

Reason

How SCOTUS Protects Bad Federal Officers

When bed-and-breakfast owner Robert Boule asked Border Patrol agents, who were questioning a guest, to leave his property, an agent pushed him to the ground.

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