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United States Vs. Stanley

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  • US Supreme Court
  • Jun 25, 1987

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75 entries 6 linked 69 unlinked
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  1. Parker Vs. Levy US Supreme Court · Jun 19, 1974
    Distinguished
  2. Frontiero Vs. Richardson US Supreme Court · May 14, 1973
    Distinguished
  3. Mitchell Vs. Forsyth US Supreme Court · Jun 19, 1985
  4. Butz Vs. Economou US Supreme Court · Jun 29, 1978
  5. Chappell Vs. Wallace US Supreme Court · Jun 13, 1983
  6. Bush Vs. Lucas US Supreme Court · Jun 13, 1983
    Distinguished
  7. U.S. 669 (1987) U.S. Supreme Court United States v. Stanley
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  8. U.S. 669 (1987) United States v. Stanley
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  9. District Court granted the Government summary judgment on the ground that the suit was barred by the doctrine of Feres v. United
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  10. the case upon concluding that respondent had at least a colorable constitutional claim under the doctrine of Bivens v. Six
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  11. reaffirmed its Bivens decision as to the individual federal employee defendants, ruling that Chappell v. Wallace
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  12. No. 788141-Civ-CF, p. 2 (SD Fla., May 14, 1979), and that his FTCA suit was therefore barred by the doctrine of Feres v. United
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  13. have dismissed for lack of subject matter jurisdiction, rather than disposing of the case on the merits. Stanley v. CIA
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  14. Stanley could raise either under the FTCA or directly under the Constitution against individual officers under Bivens v. Six
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  15. within the Feres exception to the FTCA. See United States v. Brown
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  16. action. It cited as sole authority for that rejection the Court of Appeals for the Ninth Circuit's decision in Wallace v. Chappell
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  17. Stanley v. CIA
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  18. service had not been made on the others), but before those motions were ruled on, we issued our decision in Chappell v. Wallace
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  19. was taken, the Court of Appeals further determined that recent precedent in the Eleventh Circuit, including Johnson v. United
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  20. why that action was improper, and additional reasons can perhaps be found in our recent decision in United States v. Johnson
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  21. p. 143 (1977). See Pritchard-Keang Nam Corp. v. Jaworski
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  22. United States v. Bear
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  23. Time, Inc. v. Ragano
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  24. held that actions for damages could be brought directly under the Due Process Clause of the Fifth Amendment, Davis v. Passman
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  25. U. S. 228 (1979), and under the Eighth Amendment's proscription against cruel and unusual punishment, Carlson v. Green
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  26. U.S. at 446 U. S. 18 -19. In Chappell (and in Bush v. Lucas
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  27. civilian personnel, and that the chain-of-command concerns at the heart of Chappell and cases such as Gaspard v. United
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  28. CA5 1983) (plaintiff was ordered to expose himself to radiation from nuclear test), cert. denied sub nom. Sheehan v. United
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  29. Court of Appeals in 1981, 639 F.2d at 1150-1153, and there is no warrant for reexamining that ruling here. See Allen v. McCurry
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  30. that bear on the propriety of respondents' Bivens action also formed the basis of this Court's decision in Feres v. United
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  31. to redress designed to halt or prevent the constitutional violation, rather than the award of money damages. See Brown v. Glines
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  32. U. S. 677 (1973). Such suits, like the case of Wilkes v. Dinsman
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  33. as extensive Page 483 U. S. 684 as the exception to the FTCA established by Feres and United States v. Johnson
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  34. case (and, presumably, in all Bivens actions). In the sole case he relies upon for his novel analysis, Davis v. Passman
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  35. injuries caused by Members of Congress where the constitutionally prescribed immunity does not apply. Thus, Davis v. Passman
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  36. testing program or followup. Stanley claims that these names first became available to him from the record in Sweet v. United
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  37. See Jorden v. National
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  38. Trerice v. Summons
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  39. Mollnow v. Carlton
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  40. Gaspard v. United
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  41. States, 713 F.2d 1097, 1103-1104 (CA5 1983), cert. denied sub nom. Sheehan v. United
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  42. This distinction also explains why the author of this opinion, who dissented in United States v. Johnson
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  43. Bivens v. Six
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  44. United States v. Brandt
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  45. however, is that Government officials (military or civilian) must not be left with such freedom. See, e.g., Jaffee v. United
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  46. Schnurman v. United
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  47. Thornwell v. United
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  48. Barrett v. United
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  49. action solely on the basis of an unwarranted extension of the narrow exception to this rule created in Chappell v. Wallace
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  50. In Davis v. Passman
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