COMMENT: GENERAL LAW DIVISION: Ubi Jus Ibi Remedium--For the Violation of Every Right, There Must Be a Remedy: The Supreme Court's Refusal to Use the Bivens Remedy in Wilkie v. Robbins. Skip over navigation
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Copyright (c) 2008 University of Wyoming 
Wyoming Law Review

COMMENT: GENERAL LAW DIVISION: Ubi Jus Ibi Remedium--For the Violation of Every Right, There Must Be a Remedy: The Supreme Court's Refusal to Use the Bivens Remedy in Wilkie v. Robbins.

2008

Wyoming Law Review

8 Wyo. L. Rev. 193

Author

Heather J. Hanna * and Alan G. Harding **

Excerpt

I. INTRODUCTION

The United States Constitution provides the solid foundation of our country, and defines rights guaranteed to citizens of the United States. 1 But, the Constitution does not explicitly provide a remedy if a violation of those rights is perpetrated by government actors. 2 It is well established that "[t]he very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever, he receives an injury." 3 Congress has enacted some regulatory schemes to protect our Constitutional interests. 4 However, at times, these regulations lack sufficient remedies or no regulations exist which provide a remedy. When these situations arise, the United States Supreme Court must step in to establish a remedy for those individuals caught in the limbo where no remedy exists. 5 One such example is Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, where the Court held federal officials can be sued for Fourth Amendment violations committed when acting under color of federal authority. 6 Bivens was the first time the Court officially recognized a freestanding constitutional claim for damages stemming from violations carried out by government actors acting in their official capacity. 7

The United States Supreme Court recently ruled on Wilkie v. Robbins, a case involving harassment by a governmental administrative agency trying to extract an easement from a private landowner. 8 In Wilkie, the Court refused to broaden the Bivens holding so it would apply to respondent Robbins's situation. ...
 
 
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