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Bivens claim

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Definition Edit

A Bivens claim is a:

cause of action . . . for an individual whose 4th Amendment freedom from unreasonable search and seizures had been violated by federal agents. The victim of such a deprivation could sue for the violation of the Amendment itself, despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied from the importance of the right violated.[1]

References Edit

  1. Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

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