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Author Question: Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance. What will be ... (Read 76 times)

geoffrey

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Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.
 
  What will be an ideal response?

Question 2

The Strauder Court ruled that a West Virginia statute limiting jury service to white males violated the __________ clause of the Fourteenth Amendment.
 
  Fill in the blank(s) with correct word



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cdmart10

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Answer to Question 1

Until 1971, individual citizens could not sue federal officers for violation of their constitutional rights. The SCOTUS case Bivens v. Six Unnamed FBI Agents changed that. Six FBI agents searched Bivens's apartment without either a search warrant or an arrest warrant. They handcuffed him in the presence of this family and took him down to a federal building where he was searched, interrogated, and booked. Bivens sued, claiming these events caused him humiliation, embarrassment, and mental suffering, and sought 15,000 from each of the officers.

In Bivens, the Court created a constitutional torta private right to sue federal officers for violations of a plaintiff's constitutional rights. To succeed, plaintiffs have to prove two elements:
(1) the officers were acting under color of law, and
(2) the officers' actions deprived the plaintiff of a constitutional right.

Even if the plaintiff proves these two elements, law enforcement officers will not be liable if they can show that their actions constitute qualified immunity.

Answer to Question 2

Equal Protection





 

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