Gerard and Gemma Brault v. Town of Milton

With deference, I respectfully decline to join in the majority’s discovery of a federal cause of action for damages against a municipality springing directly from the due process clause of the Fourteenth Amendment.

Despite the majority’s ingenuity in suggesting that such a cause of action may be supported by what it characterizes as the “sweeping approbation of constitutionally-based causes of action” which the majority finds in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 396-97 (1971), it seems to me that the majority has minimized the admonition of the…