Constitutional Causes of Action
Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In that case, the United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied from the importance of the right violated.
In a later case, Schweiker v. Chilicky, 487 U.S. 412 (1988), the Supreme Court determined that a cause of action would not be implied for the violation of rights where the U.S. Congress had already provided a remedy for the violation of rights at issue, even if the remedy was inadequate.
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Famous quotes containing the word action:
“Therefore all just persons are satisfied with their own praise. They refuse to explain themselves, and are content that new actions should do them that office. They believe that we communicate without speech, and above speech, and that no right action of ours is quite unaffecting to our friends, at whatever distance; for the influence of action is not to be measured by miles.”
—Ralph Waldo Emerson (1803–1882)