Suing the Government

Suing Federal Employees

Also see: Federal Tort Claims Act

PHS officers can be sued under Bivens - Castaneda v. United States, 546 F.3d 682 (9th Cir. 2008) - This is an excellent discussion of the interplay between FTCA actions for negligence and Bivens actions for intentional acts. A INS detainee with an obvious serious medical condition was denied care until he had untreatable cancer. He sued under Bivens, rather than the FTCA, and the Public Health Service argued that the FTCA was the sole remedy. The Court disagreed and allowed the Bivens claim.

Circuits split over Bivens liability against private prison guards - Bender v. General Services Administration, 539 F.Supp.2d 702 (S.D.N.Y. 2008)

Alternative claims process limits Bivens claims - Nebraska Beef, Ltd. v. Greening, 398 F.3d 1080 (8th Cir. 2005)

Color of federal law Bivens claim against private prison guards - Sarro v. Cornell Corrections, Inc., 248 F.Supp.2d 52 (D.R.I. 2003)

Brief - Medical Malpractice Claims Against Public Health Service and Federally Funded Community Health Center Physicians - 2002

Brief - Governmental Immunity for Public Health Service Physicians - Cuoco v. Moritsugu, 222 F.3d 99 (2d Cir. 07-28-2000)

Brief - When is a contractor physician a U.S. Public Health Service employee? - Dedrick v. Youngblood, 200 F.3d 744 (11th Cir. 2000)

No Bivens remedy for denial of Social Security disability benefits - Schweiker v. Chilicky, 487 U.S. 412 (1988)

Supreme Court standards for governmental immunity - Harlow v. Fitzgerald, 457 U.S. 800 (1982)

Court establishes interplay between Bivens and FTCA - Carlson v. Green, 446 U.S. 14 (1980)

What is a "cause of action" under Bivens? - Davis v. Passman, 99 S. Ct. 2264, 442 U.S. 228 (U.S. 1979)

Standards for absolute and qualified immunity under Bivens - Butz et al. v. Economou et al., 98 S. Ct. 2894, 438 U.S. 478 (1978)

Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) - In Bivens the United States Supreme Court allowed individuals to sue federal employees who wrongfully deprived them of their constitutional rights.