Bivens Flashcards
1
Q
What is a Bivens action?
A
Suit against officials acting under federal law.
2
Q
Bivens test
A
Can bring Bivens action with:
(1) Lack of explicit Congressional action creating an alternative and equally effective remedy
Unless: special factors counsel hesitation
3
Q
Schweiker test
A
Exception to Bivens: Congress has created an “adequate” remedy
