Topic: expanding the bivens remedy is now a 'disfavored' judicial … · Go Syfert
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Topic #261

11 canonical passages across 7 cases, quoted by 1,446 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Ziglar v. Abbasi.

#Case FlagCanonical passage Citers
1 Ziglar v. Abbasi Anchor
scotus · 2017
green “expanding the bivens remedy is now a 'disfavored' judicial activity.” 367
2 Ziglar v. Abbasi
scotus · 2017
green “these three cases-bivens, davis, and carlson-represent the only instances in which the court has approved of an implied damages remedy under the constitution itself.” 253
3 Camreta v. Greene Ex Rel. S. G.
scotus · 2011
green “a decision of a federal district court judge is not binding precedent in either a different judicial district, the same judicial district, or even upon the same judge in a different case.” 221
4 Ziglar v. Abbasi
scotus · 2017
green “the inquiry must concentrate on whether the judiciary is well suited, absent congressional action or instruction, to consider and weigh the costs and benefits of allowing a damages action to proceed.” 219
5 Hernandez v. Mesa
scotus · 2020
green “a claim may arise in a new context even if it is based on the same constitutional provision as a claim in a case in which a damages remedy was previously recognized.” 169
6 Reichle v. Howards
scotus · 2012
green “we have never held that bivens extends to first amendment claims.” 117
7 Camreta v. Greene Ex Rel. S. G.
scotus · 2011
green “district court decisions-unlike those from the courts of appeals-do not necessarily settle constitutional standards.” 35
8 Jose Chavez v. James Ziglar
ca9 · 2012
green “bivens claims cannot proceed on a theory of respondeat superior, but must instead plead that a supervisor, by her 'own individual actions,' violated the constitution.” 19
9 Charles Mack v. John Yost
ca3 · 2020
green “particularly weighty': the availability of an alternative remedial structure and separation-of-powers concerns.” 19
10 Charles Mack v. John Yost
ca3 · 2020
green “consistently refused to expand bivens actions beyond these three specific contexts.” 15
11 Gordon Reid v. United States
ca9 · 2020
green “a claim for damages based on individualized mistreatment by rank-and-file federal officers is exactly what bivens was meant to address.” 12

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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