Terry L. Arcoren v. Wenton Peters and John Schooler

DUMBAULD, Senior District Judge:

Ever since Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939 (1946) and Bivens v. Six Unknown Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), it has been settled that, under some circumstances, by virtue of the principle ubi jus ibi remedium, a person whose clearly established constitutional rights are violated by federal officials may sue them directly even though no legislation by Congress exists specifically authorizing such a remedy. See 403 U.S. at 396-97, 91 S.Ct. at 2004-05 [Fourth Amendment]; Davis v. Passman, 442 U.S. 228, 234-48, 99…