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Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971)
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics No. 301 Argued January 12, 1971 Decided June 21, 1971 403 U.S. 388
CERTIORARI TO THE UNITED SATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner’s complaint alleged that respondent agents of the Federal Bureau of Narcotics, acting under color of federal authority, made a warrantless entry of his apartment, searched the apartment, and arrested him on narcotics charges. All of the acts were alleged to have been done without probable cause. Petitioner’s suit to recover damages from the agents was dismissed by the District Court on the alternative grounds (1) that it failed to state a federal cause of action and (2) that respondents were immune from suit by virtue of their official position. The Court of Appeals affirmed on the first ground alone.
Held:
1. Petitioner’s complaint states a federal cause of action under the Fourth Amendment for which damages are recoverable upon proof of injuries resulting from the federal agents’ violation of that Amendment. Pp. 390-397.
2. The Court does not reach the immunity question, which was not passed on by the Court of Appeals. Pp. 397-398.
409 F.2d 718, reversed and remanded.
BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. HARLAN, J., filed an opinion concurring in the judgment, post, p. 398. BURGER, C.J., post, p. 411. BLACK, J., post, p. 427, and BLACKMUN, J., post, p. 430, filed dissenting opinions.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) in 403 U.S. 388 403 U.S. 389. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PD72SUXXUMRA13G.
MLA: U.S. Supreme Court. "Syllabus." Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), in 403 U.S. 388, page 403 U.S. 389. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PD72SUXXUMRA13G.
Harvard: U.S. Supreme Court, 'Syllabus' in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). cited in 1971, 403 U.S. 388, pp.403 U.S. 389. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PD72SUXXUMRA13G.
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