home *** CD-ROM | disk | FTP | other *** search
/ The Supreme Court / The Supreme Court.iso / pc / briefs / 1992 / 92_741 / 741r043.tif (.png) < prev    next >
Tagged Image File Format  |  1995-08-30  |  79KB  |  1696x2200
Labels: book | reckoner | sky | tree | windowpane
OCR: The court of appeals finding that constitutional torts are separate from common law torts, and thus not cogni- zable under the FICA consistent with opinions this Court with expressed Congressional intent and with pasitions taken iad viously by the Department of Justice The Court has observed that the common law of torts and Bivens create separate and distinct causes of action which are "paralle! and complimentary." Carison Green, supra 16 The Court has specifically held that the FTCA was neve meant supplant constitutional torts, "[N]othing in the [FTCA] DI legislative history [shows] that Congress meant preempt Biuens remedy or t+ create an equally effective remedy for constitutional violations. Congressional intent, as gleaned from the legislative history 0 the Federal Employees Liability ...