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.
Read more about this topic: Implied Cause Of Action
Famous quotes containing the word action:
“Not rarely, and this is especially true of wives and mothers, the motive behind assuming a disproportionate share of work and responsibility is completely unselfish. We want to protect, to spare those of whom we are fond. We forget that, regardless of the motive, the results of such action are almost always destructive and unproductive.”
—Hortense Odlum (1892–?)