Davis v. Passman

Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), held that a “cause of action for damages” arises under *230the Constitution when Fourth Amendment rights are violated. The issue presented for decision in this case is whether a cause of action and a damages remedy can also be implied directly under the Constitution when.the Due Process Clause of the Fifth Amendment is violated. The Court of Appeals for the Fifth Circuit, en banc, concluded that “no civil action for damages” can be thus implied. 571 F. 2d 793, 801 (1978). We granted certiorari, 439 U. S. 925 (1978), and we now…