Legal Opinion
Nebraska Beef, Ltd. v. Greening
Court of Appeals for the Eighth Circuit
Decided February 28, 2005No. 04-1918PublishedCited by 6 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
Nebraska Beef, Ltd., brought a Bivens 1 suit against federal food safety inspectors (Inspectors)' from the United States Department of Agriculture (USDA) based on actions taken by the Inspectors pursuant to the Federal Meat Inspection Act (FMIA), 21 U.S.C. § 601 et. seq. The Inspectors appeal from the district court’s denial of their motion to dismiss on the basis of qualified immunity. Because a Bivens remedy is not available to Nebraska Beef, we reverse.
I
Pursuant to the FMIA, the USD A has promulgated a comprehensive regulatory scheme governing meat packing and…
2Cases cited16 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Siegert v. GilleySupreme Court of the United States · 1991
- Johnson v. JonesSupreme Court of the United States · 1995
- Behrens v. PelletierSupreme Court of the United States · 1996
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3Cited by6 opinions
- Dible v. SchollCourt of Appeals for the Eighth Circuit · 2007
- Nebraska Beef, Ltd. v. GreeningCourt of Appeals for the Eighth Circuit · 2005
- Powell v. JohnsonCourt of Appeals for the Eighth Circuit · 2005
- Munsell v. United States Department of AgricultureDistrict Court, District of Columbia · 2006
- Smith v. McDonoughDistrict Court, E.D. Missouri · 2023
1 more not listed; retrieve them via the Exa API.