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

No. 422, Docket 32537.

456 F.2d 1339 (1972)

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 March 8, 1972.


Attorney(s) appearing for the Case

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

Walter H. Fleischer, Dept. of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., Thomas J. Press, Dept. of Justice, Washington, D. C., and Robert A. Morse, U. S. Atty., for the E. D. N. Y., Brooklyn, N. Y. on the brief), for defendants-appellees.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge:

The decision of the Supreme Court (403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) ) establishes for the first time since the founding of the Republic the federal common law right of an aggrieved person to sue for damages caused by a violation of the Fourth Amendment guarantee against unreasonable searches and seizures. Obeying the mandate of the remand we must now decide the important and highly controversial...

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