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$$ DAMAGES FOR 5TH AMENDMENT VIOLATIONS

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  • Legalbear
    AMAZING CASE ON $$ DAMAGES FOR 5TH AMENDMENT VIOLATIONS: We approach this inquiry on the basis of established law. [I]t is . . . well settled that where legal
    Message 1 of 1 , Aug 13, 2013
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      AMAZING CASE ON $$ DAMAGES FOR 5TH AMENDMENT VIOLATIONS: We approach this inquiry on the basis of established law. "[I]t is . . . well settled that where legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done." Bell v. Hood, 327 U. S., at 684. Bivens, 403 U. S., at 396, holds that in appropriate circumstances a federal district court may provide relief in damages for the violation of constitutional rights if there are "no special factors counselling hesitation in the absence of affirmative action by Congress." See Butz v. Economou, 438 U. S., at 504. http://scholar.google.com/scholar_case?case=7569635863878182953&q=%22373+U.S.+647%22&hl=en&as_sdt=4,60

       

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