Since 1871, individuals have been able to bring a cause of action against state officials who violate the individual’s constitutional rights. However, it wasn’t until the 1965 case Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics that the U.S. Supreme Court created a cause of action for individuals whose Fourth Amendment rights were violated by federal officials. Since 1965, this cause of action, known as a Bivens action, has been extended to violations of the Fifth and Eighth Amendments.
Baby Got (a Broken) Back, But No Remedy: The Seventh Circuit’s Refusal to Provide a Remedy for Eighth Amendment Violations,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol13/iss1/4