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BIVENS v. SIX UNKNOWN NAMED AGENTS OF FED. BUR. OF NAR.

No. 328, Docket 32537.

409 F.2d 718 (1969)

Webster BIVENS, Plaintiff-Appellant, v. SIX UNKNOWN NAMED AGENTS OF the FEDERAL BUREAU OF NARCOTICS, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 10, 1969.

Attorney(s) appearing for the Case

Stephen A. Grant, New York City, for appellant.

Stephen R. Felson, Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert V. Zener, Dept. of Justice, Joseph P. Hoey, U. S. Atty. for Eastern Dist. of New York, on the brief), for appellees.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

LUMBARD, Chief Judge:

Plaintiff asks us to hold that the Fourth Amendment, which guarantees to the people the right to remain secure against unreasonable searches and seizures, creates a federal cause of action for damages against federal agents who have violated this right. The District Court for the Eastern District of New York dismissed the complaint for lack of subject matter jurisdiction under 28 U.S.C. § 1331, and alternatively for failure to state a claim...

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