Bivens Narrowed Again

The U.S. Supreme Court's conservative majority isn't troubled at all by denying remedies to violations of the U.S. Constitution.

Bivens is a U.S. Supreme Court case that allowed suits for money damages against federal officials who violated selected constitutional rights, something Congress has failed to do by statute.

The order list [from today] include a unanimous per curiam opinion in Goldey v. Fields, No. 24–809 (S. Ct. June 30, 2024) (also available here), which involves an effort by a federal prisoner to sue federal prison officials for an Eighth Amendment violation alleging use of excessive force. The Court rules a Bivens suit is not available in a three-page opinion that concludes this way:

This case arises in a new context, and “special factors” counsel against recognizing an implied Bivens cause of action for Eighth Amendment excessive-force violations. To begin with, Congress has actively legislated in the area of prisoner litigation but has not enacted a statutory cause of action for money damages. See Ziglar, 582 U. S., at 148– 149. In addition, extending Bivens to allow an Eighth Amendment claim for excessive force could have negative systemic consequences for prison officials and the “inordinately difficult undertaking” of running a prison. Turner v. Safley, 482 U.S. 78, 84–85 (1987). Moreover, “an alternative remedial structure” already exists for aggrieved federal prisoners. Ziglar, 582 U.S., at 137; see Correctional Services Corp. v. Malesko, 534 U. S. 61, 74 (2001). The existence of such alternative remedial procedures counsels against allowing Bivens suits even if such “procedures are ‘not as effective as an individual damages remedy.’” Egbert, 596 U.S., at 498.

For the past 45 years, this Court has consistently declined to extend Bivens to new contexts. See Egbert, 596 U.S., at 490–491. We do the same here.

Congress should extend 42 U.S.C. § 1983 to provide the same relief to violations of rights under the U.S. Constitution or federal law to violations committed under color of federal law. 

The claim that this would make it inordinately difficult to run federal prisons is at odds with the fact that an identical legal rule applies to all state and local prisons and jails, which house the lion's share of federal inmates (and a much larger share of violent criminals).