N.D.Cal.: 4A Bivens claims can’t be extended to corporations

“In sum, the Court finds that allowing corporations such as Life Savers to bring Bivens suits on behalf of employees is a new Bivens context, one for which there are other alternative remedial structures and one that implicates special factors counseling hesitation at expanding the Bivens cause of action. Therefore, the Court DISMISSES with prejudice Plaintiff Life Savers’ Fourth and Fifth Amendments Bivens claim (Count 1) and Life Savers’ First Amendment Bivens claim (Count 2). Life Savers’ claims under Counts 1 and 2 are dismissed with prejudice as any amendment would be futile because as a matter of law, this Court has found that a Bivens remedy is unavailable to a corporation, Life Savers, seeking to vindicate its employees’ constitutional rights. Moreover, it would be unduly prejudicial to Defendants to relitigate claims that fail as a matter of law.” Life Savers Concepts Ass’n of Cal. v. Wynar, 2019 U.S. Dist. LEXIS 83186 (N.D. Cal. May 16, 2019).

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