Bivens action

A Bivens action is a lawsuit seeking damages against federal officers for violating constitutional rights while acting under federal authority. It originates from Bivens v. Six Unknown Named Agents (1971), where the Supreme Courtheld that a violation of one’s Fourth Amendment rights by federal officers can give rise to a federal cause of action for damages for unlawful searches and seizures. To succeed, the plaintiff must prove a federal officer caused a constitutional violation. Bivens actions are limited and not available in all contexts. The Supreme Court has granted absolute immunity to certain officials, including the President (Nixon v. Fitzgerald, 1982) and federal officers performing adjudicatory functions (Butz v. Economou, 1978).

[Last reviewed in July of 2025 by the Wex Definitions Team]

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