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Carlson Vs. Green
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- US Supreme Court
- Apr 22, 1980
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U.S. 14 (1980) U.S. Supreme Court Carlson v. GreenSearch
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U.S. 14 (1980) Carlson v. GreenSearch
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s proscription against cruel and unusual punishment, thus giving rise to a cause of action for damages under Bivens v. SixSearch
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to redress the constitutional deprivation here alleged and to protect against repetition of such conduct. Robertson v. WegmannSearch
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I The District Court held that, under Estelle v. GambleSearch
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giving rise to a cause of action for damages under Bivens v. SixSearch
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in our constitutional scheme as to suggest that judicially created remedies against them might be inappropriate. Davis v. PassmanSearch
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s suit might inhibit their efforts to perform their official duties, the qualified immunity accorded them under Butz v. EconomouSearch
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U. S. 478 (1978), provides adequate protection. See Davis v. PassmanSearch
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FTCA action. First, the Bivens remedy, in addition to compensating victims, serves a deterrent purpose. See Butz v. EconomouSearch
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action, Carey v. PiphusSearch
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and Butz v. EconomouSearch
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and therefore the question whether respondent's action survived Jones' death is a question of federal law. See Burks v. LaskerSearch
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of the goals of Bivens actions. Auto Workers v. HoosierSearch
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Court. Though we do not normally decide issues not presented below, we are not precluded from doing so. E.g., Youakim v. MillerSearch
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issue, and is properly raised in another petition for certiorari being held pending disposition of this case. See Loe v. ArmisteadSearch
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F.2d 1291 (CA4 1978), cert. pending sub nom. Moffitt v. LoeSearch
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serves similar purposes. See, e.g., Robertson v. WegmannSearch
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in good faith is the fear that exposure to personal liability would otherwise deter them from acting at all. See Butz v. EconomouSearch
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official could know at the time he decided to act whether his intended victim's claim would survive. Cf. Auto Workers v. HoosierSearch
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I We are concerned here with inferring a right of action for damages directly from the Constitution. In Davis v. PassmanSearch
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alternative remedies. Bivens v. SixSearch
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Davis v. PassmanSearch
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Page 446 U. S. 28 Bivens v. SixSearch
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denigrates the doctrine of separation of powers and hardly comports with a rational system of justice. Cf. Cannon v. UniversitySearch
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federal officers under Bivens . Ibid. I see no basis for this view. In Page 446 U. S. 30 Butz v. EconomouSearch
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courts enjoy the same degree of freedom to infer causes of action from statutes as from the Constitution. See Davis v. PassmanSearch
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MR. CHIEF JUSTICE BURGER, dissenting. Although I would be prepared to join an opinion giving effect to Bivens v. SixSearch
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has already fashioned an equally effective remedy. Cf. Turpin v. MailetSearch
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its holding on survivorship, ante at 446 U. S. 23 , and n. 11, suggests that the plaintiff in Robertson v. WegmannSearch
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decision by filing a separate Bivens -type claim. And the Court's test throws into doubt the decision in Brown v. GSASearch
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Page 446 U. S. 32 provisions that, in my view, still further highlights the wrong turn this Court took in Bivens v. SixSearch
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U. S. 507 (1976), overruling Food Employees v. LoganSearch
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falling within the legislative sphere of authority. Ibid. I Prior to Bivens, this Court, in Bell v. HoodSearch
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party whose constitutional rights had been infringed by a federal officer to recover damages from that officer. Davis v. PassmanSearch
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See Chapman v. HoustonSearch
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McCardle, Page 446 U. S. 37 supra at 74 U. S. 514 . As stated by Mr. Justice Chase in Turner v. BankSearch
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