{"id":60972,"date":"2025-05-06T07:43:00","date_gmt":"2025-05-06T12:43:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60972"},"modified":"2025-05-07T07:45:50","modified_gmt":"2025-05-07T12:45:50","slug":"ca1-notable-bivens-dismissal-by-its-dissent-retired-justice-breyer","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60972","title":{"rendered":"CA1: Notable Bivens<\/em> dismissal by its dissent: retired Justice Breyer"},"content":{"rendered":"\n

A Bivens claim, not specifically a Fourth Amendment claim, fails because of a different context from existing caselaw. The claim fails 2-1. What\u2019s interesting is that retired Justice Breyer was on the panel, and he dissented that the claim should survive. For those concerned about Bivens will ultimately survive, this is a must read. (SCOTUS’s hostility to Bivens has filtered down.) Waltermeyer v. Hazlewood<\/a>, 2025 U.S. App. LEXIS 10901 (1st Cir. May 6, 2025)*:<\/p>\n\n\n\n

In three cases, the Supreme Court has held that a person who is injured by a violation of certain parts of the Constitution may recover damages. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (Fourth Amendment); Davis v. Passman, 442 U.S. 228 (1979) (Fifth Amendment); Carlson v. Green, 446 U.S. 14 (1980) (Eighth Amendment). The Court has since held that it would not “extend” those holdings to new contexts. See Hern\u00e1ndez v. Mesa, 589 U.S. 93, 96 (2020). Here we must decide whether Broc Waltermeyer’s complaint asserts a claim similar to one of the three Bivens cases — in particular, Carlson — or whether recognizing a cause of action here would “extend” Carlson to a new context. In my view, Waltermeyer’s claim is similar to Carlson, and I dissent from the majority’s contrary conclusion.<\/p>\n","protected":false},"excerpt":{"rendered":"

A Bivens claim, not specifically a Fourth Amendment claim, fails because of a different context from existing caselaw. The claim fails 2-1. What\u2019s interesting is that retired Justice Breyer was on the panel, and he dissented that the claim should … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45],"tags":[],"class_list":["post-60972","post","type-post","status-publish","format-standard","hentry","category-45"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60972","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60972"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60972\/revisions"}],"predecessor-version":[{"id":60973,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60972\/revisions\/60973"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60972"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}