Legal Opinion

Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics

Court of Appeals for the Second Circuit

Decided April 10, 1969No. 328, Docket 32537PublishedCited by 65 opinions

1Opinion of the Court

LUMBARD, Chief Judge:

Plaintiff asks us to hold that the Fourth Amendment, which guarantees to the people the right to remain secure against unreasonable searches and seizures, creates a federal cause of action for damages against federal agents who have violated this right. The District Court for the Eastern District of New York dismissed the complaint for lack of subject matter jurisdiction under 28 U.S.C. § 1331, and alternatively for failure to state a claim upon which relief can be granted.

We hold that the Fourth Amendment does not provide a basis for a federal cause of action for damages…

2Cases cited38 opinions

Katz v. United StatesSupreme Court of the United States · 1967
Ex Parte YoungSupreme Court of the United States · 1908
Mapp v. OhioSupreme Court of the United States · 1961
Marbury v. MadisonSupreme Court of the United States · 1803
Pierson v. RaySupreme Court of the United States · 1967

33 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of NarcoticsCourt of Appeals for the Second Circuit · 1972
Veronica Lewis, Individually Etc., Naomi Barry Pottinger, Individually, Etc., Vincent Lewis, Daisy Llewellyn, and Margaret Clark, Individually, Etc. v. S. S. Baune, in the Matter of Skibs A/s Baumare and Torvald Klaveness, as Owner Andmanaging Owner of the S/s Baune, Petitioning for Exoneration From or Limitationof Liability v. Phyllis Hoyt, Claimants-AppelleesCourt of Appeals for the Fifth Circuit · 1976
Binette v. SaboSupreme Court of Connecticut · 1998
Alan S. Kostka v. David W. HoggCourt of Appeals for the First Circuit · 1977

60 more not listed; retrieve them via the Exa API.