Bivens Claim | Practical Law

Bivens Claim | Practical Law

Bivens Claim

Bivens Claim

Practical Law Glossary Item w-002-5657 (Approx. 2 pages)

Glossary

Bivens Claim

A Bivens claim is a claim brought against a federal government official alleging violation of a federal constitutional right seeking money damages. The claim is named for Bivens v. Six Unknown Fed. Narcotics Agents, the case in which the US Supreme Court first recognized the cause of action (403 U.S. 388 (1971)). To state a Bivens claim, a plaintiff must allege:
  • The defendant acted under the authority of the federal government. Most defendants are federal government officials.
  • The action deprived the plaintiff of an individual right under the federal constitution.
(Bivens, 403 U.S. at 397.)
For more information on Bivens claims, see Practice Note, Understanding Bivens Claims.