Torts Question Forum
- romothesavior
- Posts: 14692
- Joined: Fri Jun 26, 2009 4:29 pm
Torts Question
Anybody read Bivens? Our prof just calls that brand of tort claims a "Bivens cause of action." I know what the cause of action is for and why you would raise it, but can anybody tell me what the actual elements are? I am trying to put it in my outline without writing out a long paragraph saying what it is.
- romothesavior
- Posts: 14692
- Joined: Fri Jun 26, 2009 4:29 pm
Re: Torts Question
Anybody? Anyone at all? Buehler? Buehler?
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Torts Question
I have no idea what Bivens is, but a Google-fu search seems to suggest it is a cause of action arising when Federal employees act with grievous and malicious indifference in a manner not covered by statute, but in violation of the Constitution and a Bivens Action allows monetary damages.
I could be way, way off though. We never looked at that case.
I could be way, way off though. We never looked at that case.
- romothesavior
- Posts: 14692
- Joined: Fri Jun 26, 2009 4:29 pm
Re: Torts Question
No no, you're right. I know the basic definition of it, but I want the elements. We read a couple of cases on it that sorta convoluted my idea of what the elements are. I want them to be in...kalvano wrote:I have no idea what Bivens is, but a Google-fu search seems to suggest it is a cause of action arising when Federal employees act with grievous and malicious indifference in a manner not covered by statute, but in violation of the Constitution and a Bivens Action allows monetary damages.
I could be way, way off though. We never looked at that case.
So and so is liable for damages under a Bivens claim when
1) yadda yadda yadda
2) yadda yadda yadda
3) yadda yadda yadda
...format.
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Torts Question
A Bivens Action arise when
1) A Federal employee acts with
2) Grievous and malicious indifference in violating
3) A Constitutional right
4) That is not otherwise protected by statute
?
I don't know, working without a firm basis here.
1) A Federal employee acts with
2) Grievous and malicious indifference in violating
3) A Constitutional right
4) That is not otherwise protected by statute
?
I don't know, working without a firm basis here.
-
- Posts: 35
- Joined: Sun Oct 05, 2008 1:00 pm
Re: Torts Question
Bivens is the analogue to 1983 for when a federal actor deprives someone of their constitutional rights (generally, I'm sure there might be a few differences but if this is a first year torts class it probably doesn't matter). Again, I don't know if this is a major part of your torts class, but its basically a species of tort liability with a state action requirement that assigns liability for constitutional violations. Your usual torts concerns like causation, damages etc. may come up, but sometimes they are treated differently than the common law (mens rea requirements in some circumstances, the assertion of qualified or absolute immunity as a defense, custom/policy liability standard for municipalities instead of the application of respondeat superior, etc.)
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