The Limitations of Bivens Actions and State Common Law Remedies

This chapter discusses the limitations and scope of Bivens actions, which allow individuals to sue directly under the Constitution, as well as state common law remedies for constitutional violations. It explores landmark cases such as Bivens v. six unknown named agents of the Federal Bureau of Narcotic and Pettibone v. Russell, and the court's reluctance to recognize such actions. The chapter also examines the alternative remedies suggested by the court and the response of lower courts to the Supreme Court's position on Bivens actions.