BIVENS V. SIX UNKNOWN NAMED AGENTS OF FEDERAL BUREAU OF NARCOTICS
403 U.S. 388 (1971)
NATURE OF THE CASE: This was a suit for damages for an illegal search of a home and a
subsequent arrest.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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