Labels:book | bulletin board | reckoner | sky | tree OCR: Kq the court of appeals, since Bivens- type actions are based uo the federal Constitut tion rather than local com- mon law, they are not cognizable under the Federal Tort Claims Act (FTCA) nor lirited or diminished ro- visions The judiciary plays special role in enforcement of indivi idual rights guaranteed hy the Constitution While Congress has the prerogative create remedy for constitutional deprivations ite authority so not exclusive abser nce of Congressional action, Bivens type actions are appropriately entertained by the federal courts which conventional judicial rem edy comrensatory damages when meaningful alternative remedy exists Such actions have been used vindicate deprivations of due proc ess guaranteed by he Fifth Amendment such as that claimed by Mever. Davis Passman, 442 U.S ...
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