Topic: these three cases - bivens, davis, and carlson - represent … · Go Syfert
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Topic #385

6 canonical passages across 6 cases, quoted by 70 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 “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.” 35
2 Xiaoxing Xi v. Andrew Haugen
ca3 · 2023
green “in the fifty-two years since bivens was decided, . . . the supreme court has pulled back the reins to what appears to be a full stop and no farther.” 12
3 Hernández v. Mesa
scotus · 2020
green “in the fifty-two years since bivens was decided, . . . the supreme court has pulled back the reins to what appears to be a full stop and no farther.” 7
4 Hernandez v. Mesa
scotus · 2017
green “isposing of a bivens claim by resolving the constitutional question, while assuming the existence of a bivens remedy - is appropriate in many cases.” 6
5 Tony Fisher v. Jordan Hollingsworth
ca3 · 2024
green “case can differ meaningfully from bivens, davis, and carlson even when it involves the same constitutional right as one of those cases.” 6
6 Moshen Omar v. Scott Blackman
ca3 · 2014
green “therefore, in pennsylvania, actions brought under . . . bivens are subject to a two-year limitations period.” 4

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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