Civil Rights Litigation Part VI: Taking on the Feds - Bivens Claims and the Federal Tort Claims Act
Created on July 29, 2016
In this course, the sixth of a multi-part series on litigating civil rights cases, Ameer Benno, a New York City-based civil rights attorney, discusses the litigation of civil rights claims against federal, as opposed to state, actors. Namely, he addresses the implied constitutional causes of action against federal actors under the Supreme Court’s 1971 decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and outlines the requirements for bringing an action under the Federal Tort Claims Act.
- Understand the forum and venue requirements applicable to Bivens claims and FTCA claims
- Acquaint with the types of damages available under Bivens claims and the FTCA, and what limitations exist
- Recognize the availability of attorney's’ fees to prevailing parties under both Bivens and the FTCA
- Identify common defenses to Bivens claims and civil rights actions brought under the FTCA, including the “judgment bar” rule]
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