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Schweiker Vs. Chilicky
Cites for this judgment
- US Supreme Court
- Jun 24, 1988
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U.S. 412 (1988) U.S. Supreme Court Schweiker v. ChilickySearch
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U.S. 412 (1988) Schweiker v. ChilickySearch
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Brief any citation in this list with AI Studio
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remanded, noting that respondents' money damages claims were predicated on the constitutional tort theory of Bivens v. SixSearch
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to Page 487 U. S. 413 the claimant. Bush v. LucasSearch
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Brief for Petitioners 10. Cf. Mathews v. EldridgeSearch
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App. to Pet. for Cert. 16a (quoting Harlow v. FitzgeraldSearch
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predicated on the constitutional tort theory of Bivens v. SixSearch
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acting under color of their authority may bring suit for money damages against the officers in federal court. Bivens v. SixSearch
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Id. at 403 U. S. 396 -397 (quoting Bell v. HoodSearch
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for violations of the Due Process Clause of the Fifth Amendment, Davis v. PassmanSearch
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U. S. 228 (1979), and the Cruel and Unusual Punishments Clause of the Eighth Amendment, Carlson v. GreenSearch
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award money damages against the Page 487 U. S. 422 officers responsible for the violation. Thus, in Chappell v. WallaceSearch
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citation omitted). See also United States v. StanleySearch
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provision. See Brief for Respondents 32-33. The case before us cannot reasonably be distinguished from Bush v. LucasSearch
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is no more questionable in the social welfare context than it is in the civil service context. Cf. Forrester v. WhiteSearch
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have been allowed, such as federal law enforcement agencies ( Bivens itself) or the federal prisons ( Carlson v. GreenSearch
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the inevitable compromises required in the design of a massive and complex welfare benefits program. Cf. Dandridge v. WilliamsSearch
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CA9 1986) (opinion below). We may assume, arguendo, that, if an action akin to the one recognized in Bivens v. SixSearch
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Relying on Heckler v. RingerSearch
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U. S. 602 , 466 U. S. 614 -616, 466 U. S. 620 -626 (1984), and Weinberger v. SalfiSearch
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See Bowen v. MichiganSearch
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that Congress has enacted a statute that expressly requires dismissal of the complaint. See, e.g., Schweiker v. HoganSearch
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Ante at 487 U. S. 421 (quoting Bivens v. SixSearch
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Unknown Fed. Narcotics Agents, 403 U. S. 388 , 403 U. S. 396 -397 (1971), in turn quoting Bell v. HoodSearch
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remedy for constitutional injuries inflicted during the course of previous review proceedings. In Chappell v. WallaceSearch
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consequential damages, notably retroactive promotions. Id. at 462 U. S. 303 . Similarly, in Bush v. LucasSearch
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we have repeatedly stated, is a notoriously poor indication of congressional intent, see, e.g., Bob Jones University v. UnitedSearch
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Id. at 462 U. S. 302 (quoting Gilligan v. MorganSearch
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see Bivens, 403 U.S. at 403 U. S. 396 , is clearly mistaken. In Davis v. PassmanSearch
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of Title VII). Likewise, in Carlson v. GreenSearch
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h),' as we made clear in Weinberger v. SalfiSearch
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Page 487 U. S. 445 Bowen v. MichiganSearch
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the exhaustion requirement might impose on remedies available through that process are inapplicable here. Cf. Heckler v. RingerSearch
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forestalling attempts to circumvent that process under the guise of independent constitutional challenges. See Heckler v. RingerSearch
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responsible for Page 487 U. S. 447 processing over two million disability claims each year. Heckler v. DaySearch
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such as respondents must both prove a deliberate abuse of governmental power, rather than mere negligence, see Daniels v. WilliamsSearch
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See Harlow v. FitzgeraldSearch
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