Tag Archives: Bivens Action

Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action

In Graber v. Boresky, No. 21-1407 (3d Cir. Feb. 10, 2023), a 2-1 panel holds that there is no automatic interlocutory appeal under the collateral order doctrine of a district court decision on a Fed. R. Civ. P. 12(b)(6) motion that there is a cause of action under Bivens v. Six Unknown Agents of FederalContinue reading “Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action”

Split Sixth Circuit Panel Holds that Government Did Not Forfeit Argument on Appeal That the Plaintiff Failed to State a Bivens Claim

In Elhady v. Unidentified CBP Agents, No.20-1339 (6th Cir. Nov. 19, 2021), the panel majority skips over the qualified immunity issue presented in the interlocutory appeal to hold that the plaintiff failed on the merits to state a Bivens claim against several border-patrol agents. The judges disagree about whether the government forfeited this merits argumentContinue reading “Split Sixth Circuit Panel Holds that Government Did Not Forfeit Argument on Appeal That the Plaintiff Failed to State a Bivens Claim”