D.C.Cir.: Bivens does not apply to claims about extraterritorial torture

Bivens does not apply to claims about extraterritorial torture. Meshal v. Higgenbotham, 2015 U.S. App. LEXIS 18453 (D.C.Cir. Oct. 23, 2015):

Faced with a shifting paradigm in which counterterrorism and criminal investigation merge, we rely on a familiar framework in an unconventional context. No court has countenanced a Bivens action in a case involving the national security and foreign policy context. And, while Bivens remedies for ill-executed criminal investigations are common, extraterritorial application is virtually unknown. We hold that in this particular new setting—where the agents’ actions took place during a terrorism investigation and those actions occurred overseas—special factors counsel hesitation in recognizing a Bivens action for money damages.