Bivens v. Six Unknown Named Agents Of Federal Bureau Of Narcotics

403 U.S. 388 (1971)

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Nature of the Case

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Facts

Bivens' (P) home was invaded by a group of agents from the Federal Bureau of Narcotics. P was arrested, booked, and subjected to a strip search. P claims that he was manacled in front of his wife and children and that the agents threatened to arrest the entire family. The agents searched the apartment from stem to stern and found nothing incriminating. Apparently, there was no warrant to authorize any of this activity. P sued and alleged that this search and arrest was effected without a warrant, that unreasonable force was used in making the arrest and that the arrest was made without probable cause. P claimed to have suffered great humiliation, embarrassment, and mental suffering as a result of this unlawful conduct by the agents. P sought $15,000 in damages from each of them. The District Court dismissed the complaint for a failure to state a cause of action. The Court of Appeals affirmed. The Supreme Court granted certiorari.