Legal Opinion

Beach v. Smith

District Court, D. Maine

Decided December 10, 2015No. CIVIL NO. 1:15-cv-103-DBHPublished

1Opinion of the Court

DECISION AND ORDER ON DEFENDANT SMITH’S MOTION TO DISMISS

D. Brock Hornby, United States District Judge

Does a private employee of a government contractor have a Bivens damages remedy against a federal Border Patrol agent-in-charge at the Border Station where the employee is assigned to work when the agent-in-charge retaliates against him (ultimately leading to the private employee’s dismissal) because he complained against the agent for religious *43persecution at the Station and because he participated in discrimination investigations at the Station involving charges brought by other…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  4. Davis v. PassmanSupreme Court of the United States · 1979
  5. Carlson v. GreenSupreme Court of the United States · 1980

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