MBE Rules · Constitutional Law
Constitutional Tort Actions
42 U.S.C. §1983 / Bivens
The rule
Section 1983 provides damages against state actors violating federal rights; Bivens supplies a narrow implied federal-officer remedy the Court now refuses to extend to new contexts.
In plain English
Section 1983 allows individuals to sue state actors for damages when their federal rights are violated. Bivens actions provide a limited remedy against federal officials for similar violations, but the courts have been hesitant to expand this remedy to new situations.
Worked example
A police officer in a state arresting a protestor without probable cause violates the protestor's Fourth Amendment rights. Under Section 1983, the protestor can sue the officer for damages. The court rules in favor of the protestor, awarding damages for the unlawful arrest.
Memory hook
Section 1983 for state wrongs, Bivens for federal but no new songs.
The trap
Exams often include fact patterns that blur the lines between state and federal actions, leading students to confuse which remedy applies. Be cautious about assuming Bivens applies outside its narrow scope.
How examiners test it
Questions typically present scenarios involving rights violations by state or federal officials, testing the candidate's understanding of the applicability of Section 1983 versus Bivens actions.
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