HUI v. CASTANEDA

No. 08-1529.

130 S.Ct. 1845 (2010)

559 U.S. 799

Esther HUI, et al., Petitioners, v. Yanira CASTANEDA, as personal representative of the Estate of Francisco Castaneda, et al.

Supreme Court of United States.

Decided May 3, 2010.


Attorney(s) appearing for the Case

Elaine J. Goldenberg, Washington, DC, for petitioners.

Pratik A. Shah, for United States as amicus curiae, by special leave of the Court, supporting petitioners.

Conal Doyle, Oakland, CA, for respondents.

David P. Sheldon, Counsel of Record, Law Offices of David P. Sheldon, PLLC, Washington, D.C., Paul M. Smith, William M. Hohengarten, Elaine J. Goldenberg, Matthew S. Hellman, Jessica Ring Amunson, Jenner & Block LLP, Washington, D.C., Joshua A. Block, Jenner & Block LLP, New York, NY, for petitioner Commander Stephen Gonsalves.

Patrick L. Hurley, Manning & Marder, Kass, Ellrod, Ramirez LLP, San Francisco, CA, Steven J. Renick, Counsel of Record, Mildred K. O'Linn, Timothy J. Kral, Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA, for petitioner Esther Hui.

Conal Doyle, Willoughby Doyle, LLP, Oakland, CA, Thomas M. Dempsey, Law Offices of Thomas M. Dempsey, Beverly Hills, CA, Adele P. Kimmel, Counsel of Record, Amy Radon, Public Justice, P.C., Washington, DC, Arthur H. Bryant, Leslie A. Brueckner, Public Justice, P.C., Oakland, CA, for respondents.


Justice SOTOMAYOR delivered the opinion of the Court.

This case presents the question whether 42 U.S.C. § 233(a), as added, 84 Stat. 1870, precludes an action under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of their official duties. When federal employees are sued for damages...

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