No. 78-5072.

442 U.S. 228 (1979)

99 S.Ct. 2264

60 L.Ed.2d 846


Supreme Court of United States.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Sana F. Shtasel argued the cause pro hac vice for petitioner. With her on the briefs were Peter Barton Hutt and Jeffrey S. Berlin.

A. Richard Gear argued the cause and filed a brief for respondent.*

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), held that a "cause of action for damages" arises under the Constitution when Fourth Amendment rights are violated. The issue presented for decision in this case is whether a cause of action and a damages remedy can also be implied directly under the Constitution...

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