Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics

United States Court of Appeals for the Second Circuit · 1972 · Torts

Tortsconstitutional tortsofficial immunityFourth AmendmentBivensfederal officersofficial immunitygood faith defense

Facts

According to the complaint as summarized by the court, federal narcotics agents entered Bivens's apartment, arrested him for alleged narcotics violations, manacled him in front of his wife and children, threatened to arrest the whole family, searched the apartment thoroughly, and later subjected him to interrogation, booking, and a visual strip search. The complaint alleged the arrest and search were conducted without a warrant, that unreasonable force was used, and that the arrest was made without probable cause. Bivens sought damages for humiliation, embarrassment, and mental suffering. For purposes of the immunity question, the court treated these allegations as true.

Issue

Whether federal narcotics agents sued for damages for alleged Fourth Amendment violations are protected by official immunity. If not, what standard governs their potential liability for an allegedly unlawful arrest, search, and use of force?

Rule

Federal Bureau of Narcotics agents, and other similar federal police officers, have no immunity from damages suits alleging constitutional violations when performing police functions such as arrests and searches. However, it is a valid defense for the officer to allege and prove that he acted in good faith and with a reasonable belief in the validity of the arrest and search and in the necessity of carrying them out in the manner used. The defense has both a subjective element, actual good-faith belief, and an objective element, reasonableness of that belief.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, federal drug agent Daniel Ortiz entered Mia Chen's townhouse without a warrant while investigating suspected methamphetamine distribution. Chen sues for damages, alleging the entry and arrest were unconstitutional and arguing Ortiz cannot even invoke any officer protection because unconstitutional conduct is automatically outside his authority.

Which is the best response under the governing rule?

Explanation. The majority distinguished scope of authority from immunity. A federal police officer acts within the outer perimeter of duty when acting in his role as a government officer and the conduct has more or less connection with matters committed by law to his control; the conduct need not be lawful to satisfy that requirement. But federal police officers making arrests and searches do not receive absolute immunity. (Derived from Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (n.d.).)