Amarica's Constitution cover image

Standing Rules

Amarica's Constitution

CHAPTER

The Importance of a Cause of Action

State property law was pretty good at protecting most Fourth Amendment interests. But here are two situations where it's not. One was bivens, the federal officer basically demanded to be admitted into the bivens household and Webster bivens opened the door and let him in. The problem was, New York said, if you let someone in, you can't sue them for trespass. Do we let them in under claim of federal authority? So that's why you need, you know, something beyond state law of trespass. Bivens comes along with this, you can sue directly in the Fourth Amendment but suppose the Supreme Court got rid of bivens altogether?"

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