10th Circuit underscores most lawsuits against federal officials are 'dead'
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.
