“In a more modern exposition, in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that there is an implied constitutional cause of action for damages for a fourth amendment violation against federal officials, since ‘where legal rights have been invaded…federal courts may use any available remedy to make good the wrong done.'”

Source: David Rudovsky. “Running In Place: The Paradox of Expanding Rights and Restricted Remedies.” University of Illinois Law Review 5: 1199, 1201. 2005.


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