Hayes v. Federal Bureau of Investigation
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM & ORDER
WHITMAN KNAPP, District Judge.
A federal prisoner — serving a sentence for bank robbery and assault on federal agents — has brought a Bivens action against the Federal Bureau of Investigation (FBI), and several of its agents. The case is before us on cross-motions for summary judgment. Although the record raises issues of material fact which would preclude the granting of summary judgment were plaintiff’s claim legally viable, the complaint must, nonetheless, be dismissed. We find the claim against the FBI barred by soverign immunity, and the claim against the FBI agents…
2Cases cited56 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- United States v. SherwoodSupreme Court of the United States · 1941
- Butz v. EconomouSupreme Court of the United States · 1978
- Griffin v. BreckenridgeSupreme Court of the United States · 1971
- Davis v. PassmanSupreme Court of the United States · 1979
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- Abdel-Whab v. ORTHOPEDIC ASS'N OF DUTCHESSDistrict Court, S.D. New York · 2006