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BIVENS AVAILABILITY CHECKER

YES! Bivens IS available under these conditions.

According to the US Supreme Court (in Ziglar v. Abbasi, 137 S. Ct. 1843 (2017)), your civil rights dispute can be litigated in federal court.

Reason = You've been grandfathered in. In other words, this is not a "New Bivens Context"; therefore, it's settled law that your dispute fits into one of the three common law applications of Bivens.

YES! Under these conditions, Bivens IS available!

According to US Supreme Court precedent (ie, Ziglar v. Abbasi, 137 S. Ct. 1843 (2017)), your civil rights dispute can be litigated in federal court.

Reason = Despite being a New Bivens Context, there are no other adequate legal remedies available. Plus - and importantly - there are no Special Factors that could cause the Judiciary to hesitate to give you Bivens access.



Read All 3 Bivens Decisions Here:
Sorry! Bivens is NOT available under these conditions.

According to case law (see Ziglar v. Abbasi, 137 S. Ct. 1843 (2017)), the federal courts will not let you litigate this cause of action under Bivens.

Reason = This cause presents a New Bivens Context and - despite lacking any alternative legal remedies - there are "special factors" at play that will prevent you from going to trial.
Sorry! Under these conditions, Bivens is NOT available.

Pursuant to Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the federal courts will block you from litigating this case.

Reason = They think that you have "adequate alternative remedies" to right the wrongs that have been bestowed upon you.

User Guide

  1. Data Input: input your data, as follows:
    1. New Bivens Context: select either 'YES' or 'NO'
      • 'NO' means that your case is not a new type of Bivens case
        • (ie, it closely matches one of the three previously accepted Bivens cases)
      • 'YES' means that your case does not closely match any of the three previously-accepted Bivens cases (see below)
    2. Adequate Legal Alternatives: select either 'YES' or 'NO'
      • 'YES' means that the legal system has provided a different method for you to use in order to recover damages from the constitutional violations that have afflicted you
      • 'NO' means that the legal system does not have any other way for you to recover damages from the constitutional violations that have afflicted you
    3. Special Factors Involved: select either 'YES' or 'NO'
      • 'YES' means that the legal system believes that there are special factors that can be used to prevent you from proceeding with your Bivens action
      • 'NO' means that the legal system does not believe that there are any special factors that can be used to prevent you from proceeding with your Bivens action
  2. Recommended Usage: you'll probably get the best user-experience if you use Google Chrome.
  3. JavaScript: this checker tool will only work if you have JavaScript enabled (which you probably do - it's the default for most modern browsers).
  4. Shortcuts: these keyboard shortcuts will run the checker:
    • {ENTER} will run the checker (if you're inside a user input field).
    • ALT+C will also run the calculation (from anywhere).

Evaluation Info

Notes

TBD's Commentary

IMPORTANT DISCLAIMER

...POINTS & THINGS...

Congratulations! You're now Booked Up on how to check whether a Bivens Action will be available to you in federal court!

Please keep this in mind when you are pursuing your civil rights action in the federal system!

As always, please get the justice that you deserve

Sincerely,



www.TextBookDiscrimination.com
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