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Davis Vs. Passman
Cites for this judgment
- US Supreme Court
- Jun 05, 1979
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U.S. 228 (1979) U.S. Supreme Court Davis v. PassmanSearch
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U.S. 228 (1979) Davis v. PassmanSearch
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be implied directly under the Constitution when the Due Process Clause of the Fifth Amendment is violated. Cf. Bivens v. SixSearch
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therefore has a cause of action under the Fifth Amendment. The Court of Appeals erred in using the criteria of Cort v. AshSearch
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joined, post, p. 442 U. S. 251 . MR. JUSTICE BRENNAN delivered the opinion of the Court. Bivens v. SixSearch
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F.2d at 801. The court reached this conclusion on the basis of the criteria that had been set out in Cort v. AshSearch
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and create such a remedy. 571 F.2d at 800. II In Bivens v. SixSearch
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through a private cause of action, and that a damages remedy was an appropriate form of redress. Last Term, Butz v. EconomouSearch
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Clause of the Fifth Amendment forbids the Federal Government to deny equal protection of the laws. E.g., Hampton v. MowSearch
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objectives and must be Page 442 U. S. 235 substantially related to achievement of those objectives.' Craig v. BorenSearch
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a) to consider petitioner's claim. Bell v. HoodSearch
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Fed.Rule Civ.Proc. 8(a). See Original Ballet Russe, Ltd. v. BalletSearch
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Page 442 U. S. 238 Larson v. DomesticSearch
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Cannon v. UniversitySearch
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of Chicago, 441 U. S. 677 , 441 U. S. 688 (1979). Securities Investor Protection Corp. v. BarbourSearch
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judicial authority to require SIPC to perform its statutory obligations. On the other hand, Texas & N. O. R. Co. v. RailwaySearch
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cause of action. The Court of Appeals reached this conclusion through the application of the criteria set out in Cort v. AshSearch
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of action, they may nevertheless be enforced through alternative mechanisms, such as criminal prosecutions, see Cort v. AshSearch
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supra, or other public causes of actions. See Securities Investor Protection Corp. v. BarbourSearch
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National Railroad Passenger Corp. v. NationalSearch
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wrote Mr. Chief Justice Marshall in Marbury v. MadisonSearch
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The plaintiffs in Bolling v. SharpeSearch
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held that equitable relief should be made available. 349 U. S. 294 (1955). Like the plaintiffs in Bolling v. SharpeSearch
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See Butz v. EconomouSearch
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Gravel v. UnitedSearch
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States, 408 U. S. 606 , 408 U. S. 615 (1972). Cf. Doe v. McMillanSearch
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U. S. 306 , 412 U. S. 320 (1973). As Butz v. EconomouSearch
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the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.' United States v. LeeSearch
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relief to be made available only to those who are protected by the statute is patently inconsistent with Hampton v. MowSearch
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have been violated. We do not hold that every tort by a federal official may be redressed in damages. See Wheeldin v. WheelerSearch
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The criteria set out in Cort v. AshSearch
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is the plaintiff 'one of the class for whose especial benefit the statute was enacted,' Texas & Pacific R. Co. v. RigsbySearch
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National Railroad Passenger Corp. v. NationalSearch
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Securities Investor Protection Corp. v. BarbourSearch
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See Wheeldin v. WheelerSearch
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