Bush v. Lucas

49 Citing cases

  1. Avitzur v. Davidson

    549 F. Supp. 399 (N.D.N.Y. 1982)   Cited 2 times

    446 U.S. at 18, 100 S.Ct. at 1472. In the wake of Carlson, Bush v. Lucas, 647 F.2d 573 (1981), cert. granted, ___ U.S. ___, 102 S.Ct. 3481, 73 L.Ed.2d 1365 (1982) was heard on remand from the Supreme Court for reconsideration by the Fifth Circuit Court of Appeals. In Bush, plaintiff was a federal employee seeking damages under Bivens for retaliatory demotion, in violation of his First Amendment rights.

  2. Cazalas v. United States Dept. of Justice

    569 F. Supp. 213 (E.D. La. 1983)   Cited 4 times

    In redress for such violations, the plaintiff seeks to proceed on a Bivens cause of action in requesting damages from Mr. Volz and Mr. Civiletti. The plaintiff's right to maintain a constitutional tort action against the individual defendants must be examined in light of the Fifth Circuit's controlling decision in Bush v. Lucas, 647 F.2d 573 (5th Cir. 1981), cert. granted, ___ U.S. ___, 102 S.Ct. 3481, 73 L.Ed.2d 1365 (1982). In Bush, the plaintiff brought an action alleging defamation and retaliatory demotion against the director of the Marshall Space Flight Center.

  3. Braun v. United States

    707 F.2d 922 (6th Cir. 1983)   Cited 29 times
    Holding that federal employee could not pursue Bivens action for retaliation in employment

    We do not view petitioners' argument on the statutory question as insubstantial. Cf. Merrill Lynch, Pierce, Fenner Smith, Inc. v. Curran, 456 U.S. 353, 72 L.Ed.2d 182, 102 S.Ct. 1825 (1982) (controlling question in implication of statutory causes of action is whether Congress affirmatively intended to create a damages remedy); Middlesex County Sewerage Auth. v. National Sea Clammers Assn., 453 U.S. 1 [ 101 S.Ct. 2615, 69 L.Ed.2d 435] (1981) (same); Texas Industries, Inc. v. Radcliff Materials, 451 U.S. 630, 638-39, 68 L.Ed.2d 500, 101 S.Ct. 2061 [2066] (1981) (same). Nor is the Bivens question. Cf. Bush v. Lucas, 647 F.2d 573, 576 (CA5 1981), affirming on remand 598 F.2d 958 (CA5 1981) (holding that the "unique relationship between the Federal Government and its civil service employees is a special consideration which counsels hesitation in inferring a Bivens remedy"). As in Nixon v. Fitzgerald, ante, however, we took jurisdiction of the case only to resolve the immunity question under the collateral order doctrine.

  4. Ray v. Nimmo

    704 F.2d 1480 (11th Cir. 1983)   Cited 50 times
    Discussing the avenues of relief for a federal employee who believes that he has been discriminated against on the basis of his age

    Carlson, supra, 446 U.S. at 18, 100 S.Ct. at 1471 (quoting Bivens). In Bush v. Lucus, 647 F.2d 573 (5th Cir. 1981) (on remand from 446 U.S. 14, 100 S.Ct. 1846, 64 L.Ed.2d 268 (1980)), cert. granted, ___ U.S. ___, 102 S.Ct. 3481, 73 L.Ed.2d 1365 (1982), a panel of the former Fifth Circuit held that this "unique relationship" was such a special factor, and refused to infer a direct cause of action. 647 F.2d at 576-77.

  5. Bush v. Lucas

    462 U.S. 367 (1983)   Cited 1,387 times
    Holding there is no Bivens action for "federal employees whose First Amendment rights are violated by their superiors"

    Pp. 380-390. 647 F.2d 573, affirmed. STEVENS, J., delivered the opinion for a unanimous Court.

  6. Bennett v. Barnett

    210 F.3d 272 (5th Cir. 2000)   Cited 36 times
    Holding FECA coverage exists for emotional-distress claims

    The district court's analysis of the plaintiffs' Bivens claims centers on the question of whether such claims are viable in the government-employee and government-employer relationship. In Bush v. Lucas, 647 F.2d 573 (5th Cir. Unit B 1981), aff'd, 462 U.S. 367 (1983), this circuit held that Bivens did not apply in the context of the federal employee-employer relationship. The "relationship" was a "special factor" that counseled hesitation against the judicial creation of a damage remedy for the deprivation of a federal employee's constitutional rights.

  7. Pinar v. Dole

    747 F.2d 899 (4th Cir. 1984)   Cited 72 times
    Holding that the CSRA forecloses judicial review of constitutional claims relating to "minor" personnel actions

    In Broadway v. Block, 694 F.2d 979 (5th Cir. 1982) the plaintiff, who had been reassigned to a different position within the Farmer's Home Administration without a change in grade or pay, brought a Bivens cause of action in district court. In affirming the district court's dismissal of the case the court relied on its earlier decision of Bush v. Lucas, 647 F.2d 573 (5th Cir. 1981), aff'd., 462 U.S. 367, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983) and its holding in Broussard v. United States Postal Service, 674 F.2d 1103 (5th Cir. 1982) that a plaintiff terminated from his job as postmaster had no Bivens remedy against federal officials. The court in Broadway noted

  8. Williams v. Collins

    728 F.2d 721 (5th Cir. 1984)   Cited 40 times
    In Williams v. Collins, 728 F.2d 721 (5th Cir. 1984) the Fifth Circuit held in a common law invasion of privacy case involving government officials that "[i]t is by no means certain that Williams had a reasonable expectation of privacy in his government-furnished desk, in relation to the possibility of his supervisors entering the desk as part of an investigation of Williams' job performance.

    Defendants moved to dismiss, or in the alternative for summary judgment. The district court dismissed the due process claims, reasoning that these constitutional claims against Williams' superiors were precluded by Bush v. Lucas, 647 F.2d 573 (5th Cir. 1981), affirmed, ___ U.S. ___, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983), and Broussard v. United States Postal Service, 674 F.2d 1103 (5th Cir. 1982). The district court denied the motion directed to the remaining claims, finding that material issues of fact remained as to defendants' entitlement to official immunity.

  9. Gleason v. Malcom

    718 F.2d 1044 (11th Cir. 1983)   Cited 26 times
    Holding that claims by federal employee were barred under Bush even though one claim was against coworkers because "[t]he purpose of denying a private cause of action to federal employees is to ensure that they do not bypass comprehensive and carefully balanced statutory and administrative remedies in order to seek direct judicial relief"

    Observing that Congress has neither specifically authorized nor expressly precluded the remedy sought by the petitioner, the Court declined to create such a cause of action stating: The court of appeals held in Bush v. Lucas, 647 F.2d 573 (5th Cir. Unit B 1981), that no such cause of action was available because of the "special relationship" between the federal government and its employees. Id. at 576.

  10. Carroll v. United States

    707 F.2d 836 (5th Cir. 1983)   Cited 1 times

    This appeal requires that we distinguish those situations in which a Bivens plaintiff may secure direct judicial redress for a constitutional tort from those where alternative remedies are mandated. To do so we re-examine, particularly, Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), Carlson v. Green, 446 U.S. 14, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980), and Bush v. Lucas, 647 F.2d 573 (5th Cir. 1981) affirmed ___ U.S. ___, 103 S.Ct. 2404, 76 L.Ed.2d 648. Facts