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MACK v. YOST

No. 18-3504.

968 F.3d 311 (2020)

Charles MACK v. John YOST, Tim Khun and Jeffrey Stephens, sued in their individual and official capacities; and Doug Roberts and Samuel Venslosky, sued in their individual capacities Jeffrey Stephens, Samuel Venslosky, and Douglas Roberts, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 4, 2020.

Attorney(s) appearing for the Case

Sarah Czypinski (Argued), John M. Hagan , K&L Gates LLP, K&L Gates Center, 210 Sixth Avenue, Pittsburgh, PA 15222, Counsel for Appellee.

Courtney Dixon (Argued), Sharon Swingle , Barbara Herwig , Appellate Staff, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530, Laura S. Irwin , Ira M. Karoll , Office of the United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for Appellant.

Before: PORTER, RENDELL, and FISHER, Circuit Judges.

OPINION

Although Congress has never enacted a statute permitting a damages remedy for constitutional claims brought against federal officials, the Supreme Court first recognized an implied damages action for such claims under the Fourth Amendment in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics...

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