The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people's constitutional rights are "all but dead" — thanks to the U.S. Supreme Court's recent decisions.
Lawsuits seeking money damages against federal employees for constitutional violations are known as a "Bivens remedy," stemming from a 1971 Supreme Court decision, Bivens v. Six Unknown Named Agents. In total, the Supreme Court has recognized three instances where Bivens remedies are possible: unreasonable searches and seizures, sex discrimination, and deliberate indifference to an inmate's serious medical needs that results in their death.
But a recent string of decisions, most recently in 2022, contained a clear message from the Supreme Court to lower courts: Lawsuits holding federal employees individually liable for their unconstitutional conduct will usually fail.
