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Bivens Vs. Six Unknown Fed. Narcotics Agents
Cites for this judgment
- US Supreme Court
- Jun 21, 1971
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Bivens v. SixSearch
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Unknown Fed. Narcotics Agents - 403 U.S. 388 (1971) U.S. Supreme Court Bivens v. SixSearch
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Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) Bivens v. SixSearch
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In Bell v. HoodSearch
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a far greater capacity for harm than an individual trespasser exercising no authority other than his own. Cf. Amos v. UnitedSearch
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Bemis Bros. Bag Co. v. UnitedSearch
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proscribes only such conduct as would, if engaged in by private persons, be condemned by state law. Thus, in Gambino v. UnitedSearch
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as having been based upon evidence obtained through an unconstitutional search and seizure. Similarly, in Byars v. UnitedSearch
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that the Fourth Amendment is not tied to the Page 403 U. S. 394 niceties of local trespass laws. Katz v. UnitedSearch
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Berger v. NewSearch
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Silverman v. UnitedSearch
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But one who demands admission under a claim of federal authority stands in a far different position. Cf. Amos v. UnitedSearch
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and a claim of authority to enter is likely to unlock the door as well. See Weeks v. UnitedSearch
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Amos v. UnitedSearch
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United States v. LeeSearch
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the Federal Government. For just as state law may not authorize federal agents to violate the Fourth Amendment, Byars v. UnitedSearch
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Weeks v. UnitedSearch
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but an independent claim both necessary and sufficient to make out the plaintiff's cause of action. Cf. Boilermakers v. HardemanSearch
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damages have been regarded as the ordinary remedy for an invasion of personal interests in liberty. See Nixon v. CondonSearch
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Page 403 U. S. 396 Nixon v. HerndonSearch
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Constitutional Legality and the Law of Torts in Bell v. HoodSearch
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West v. CabellSearch
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Lammun v. FeusierSearch
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right to sue for such invasion, federal courts may use any available remedy to make good the wrong done. Bell v. HoodSearch
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as in United States v. StandardSearch
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United States v. GilmanSearch
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S. 397 prohibition, but merely said to be in excess of the authority delegated to him by the Congress. Wheeldin v. WheelerSearch
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his injury through a particular remedial mechanism normally available in the federal courts. Cf. J. I. Case Co. v. BorakSearch
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Jacobs v. UnitedSearch
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is the case, the presence or absence of probable cause is irrelevant to the legality of the arrest. See McLoughlin v. NewSearch
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Fourth Amendment claims despite facts demonstrating that federal agents were acting in violation of local law. McGuire v. UnitedSearch
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Hester v. UnitedSearch
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Burdeau v. McDowellSearch
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Fourth Amendment confines an officer executing a search warrant strictly within the bounds set by the warrant, Marron v. UnitedSearch
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Stanley v. GeorgiaSearch
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State v. KoonceSearch
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F. Supp 12 (EDNY 1967). On appeal, the Court of Appeals concluded, on the basis of this Court's decision in Bell v. HoodSearch
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relief if a proper showing can be made in terms of the ordinary principles governing equitable remedies. See Bell v. HoodSearch
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