Legal Opinion

McGowan v. United States

Court of Appeals for the Second Circuit

Decided June 7, 2016No. Docket No. 15-1786PublishedCited by 130 opinions

1Per curiam

Plaintiff Daniel McGowan appeals from a judgment of the United States District Court for the Eastern District of New York (Cogan, /.), entered on April 7, 2015, dismissing his complaint. As relevant here, McGowan asserted claims for violation of his First Amendment rights under Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and for false imprisonment and negligence under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680. The district court dismissed McGowan’s Bivens claim on the ground that there is no private right of action for…

2Cases cited40 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Turner v. SafleySupreme Court of the United States · 1987
  4. Reichle v. HowardsSupreme Court of the United States · 2012
  5. United States v. MitchellSupreme Court of the United States · 1980

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3Cited by130 opinions

  1. Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
  2. Burns v. MartuscelloCourt of Appeals for the Second Circuit · 2018
  3. Dixon v. Von BlanckenseeCourt of Appeals for the Second Circuit · 2021
  4. Sloley v. VanBramerCourt of Appeals for the Second Circuit · 2019
  5. Cooke v. United StatesCourt of Appeals for the Second Circuit · 2019

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

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