Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of America

*601Circuit Judge J. SKELLY WRIGHT,

in an opinion joined by Circuit Judges LEYENTHAL and SPOTTSWOOD W. ROBINSON, III, and by Chief Judge BAZELON except as to Part III — B, concerning which he filed a dissenting opinion, concluded that:

1. In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), the Supreme Court held that a federal cause of action for damages exists to remedy violations of the Fourth Amendment. The warrant-less surveillance conducted by appellees constitutes such a Fourth Amendment violation. Infra, 170…