Topic: has repeatedly refused to extend bivens actions beyond the … · Go Syfert
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Topic #3856

6 canonical passages across 5 cases, quoted by 85 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 Roger Vanderklok v. United States.

#Case FlagCanonical passage Citers
1 Roger Vanderklok v. United States Anchor
ca3 · 2017
green “has repeatedly refused to extend bivens actions beyond the specific clauses of the specific amendments of the constitution for which a cause of action has already been implied, or even to other classes of defendants facing liability under those same clauses.” 33
2 Jordan Dongarra v. D. Smith
ca3 · 2022
green “these three cases - bivens, davis, and carlson - represent the only instances in which the supreme court has approved of an implied damages remedy under the constitution itself.” 15
3 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
4 Charles Mack v. John Yost
ca3 · 2020
green “special factors counsel hesitation in expanding bivens.” 11
5 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
6 Jordan Dongarra v. D. Smith
ca3 · 2022
green “to preserve the separation of powers, the court has 'consistently rebuffed' efforts to extend bivens further . . . because the constitution entrusts congress, not the courts, with the power to create new federal causes of action and remedies.” 7

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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