United States Reports: Cases Adjudged in the Supreme Court, Volume 446U.S. Government Printing Office, 1982 |
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Page 15
... Congress ' view . There is nothing in the FTCA or its legislative history to show that Congress meant to pre - empt a Bivens remedy or to create an equally effective remedy for constitutional violations . Rather , in the absence of a ...
... Congress ' view . There is nothing in the FTCA or its legislative history to show that Congress meant to pre - empt a Bivens remedy or to create an equally effective remedy for constitutional violations . Rather , in the absence of a ...
Page 19
... Congress . Petitioners point to nothing in the Federal Tort Claims Act ( FTCA ) or its legislative his- tory to show that Congress meant to pre - empt a Bivens remedy or to create an equally effective remedy for con- stitutional ...
... Congress . Petitioners point to nothing in the Federal Tort Claims Act ( FTCA ) or its legislative his- tory to show that Congress meant to pre - empt a Bivens remedy or to create an equally effective remedy for con- stitutional ...
Page 20
... Congress views FTCA and Bivens as parallel , complementary causes of action : " [ A ] fter the date of enactment of this measure , innocent individuals who are subjected to raids [ like that in Bivens ] will have a cause of action ...
... Congress views FTCA and Bivens as parallel , complementary causes of action : " [ A ] fter the date of enactment of this measure , innocent individuals who are subjected to raids [ like that in Bivens ] will have a cause of action ...
Page 26
... Congress . ' . . . The second is when defendants show that Congress has provided an alternative remedy which it explicitly declared to be a substitute for recovery directly under the Constitution and viewed as equally effective ...
... Congress . ' . . . The second is when defendants show that Congress has provided an alternative remedy which it explicitly declared to be a substitute for recovery directly under the Constitution and viewed as equally effective ...
Page 27
... Congress possesses the power to enact adequate alternative remedies that would be exclusive . Yet , today's opinion apparently will permit Bivens plaintiffs to ignore entirely adequate remedies if Congress has not clothed them in the ...
... Congress possesses the power to enact adequate alternative remedies that would be exclusive . Yet , today's opinion apparently will permit Bivens plaintiffs to ignore entirely adequate remedies if Congress has not clothed them in the ...
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Common terms and phrases
action Administrator affirmed alleged amicus curiae application Attorney authority benefits Bivens BLACKMUN BRENNAN C. A. 2d Cir C. A. 5th Cir cert Certiorari denied civil claims Clause concluded concurring Cong Congress constitutional Corp counsel County Court of Appeals decision defendant determination discrimination discriminatory dissenting 446 U.S. District Court EEOC effect election electoral employer enforcement Equal Protection Clause fact federal courts Fifteenth Amendment filed Fourteenth Amendment Georgia Government granted held intent issue judgment jurisdiction JUSTICE lands liability Louisiana MARSHALL ment multimember districts Negroes nonforfeitable officers oil shale Opinion parties PBGC penalty petitioner petitioner's plaintiff police political POWELL preclearance purpose question racial reason REHNQUIST remanded remedy Reported respondent respondent's scienter sentence Sess Sixth Amendment Stat statute of limitations statutory STEVENS STEWART Supp supra Supreme Court Taylor Grazing Act tion Title trial trust United violation vote WHITE
Popular passages
Page 40 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 320 - ... (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning...
Page 634 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Page 642 - When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.
Page 174 - is not prohibited by but is consistent with 'the letter and spirit of the constitution,' " regardless of whether the practices outlawed by Congress in themselves violated the Equal Protection Clause. 384 US, at 651 (quoting McCulloch v. Maryland, supra, at 421). The Court stated that, "[c]orrectly viewed, § 5 is a positive grant of legislative power authorizing Congress to exercise its discretion in determining whether and what legislation is needed to secure the guarantees of the Fourteenth Amendment.
Page 686 - To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.
Page 58 - MARSHALL announced the judgment of the Court and delivered an opinion in which THE CHIEF JUSTICE, MR. JUSTICE BLACK, and MR.
Page 695 - ... (2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (3) to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.
Page 5 - When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parries only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.
Page 296 - By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.