Benzman v. Whitman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that federal disaster response and cleanup efforts implicate the special factors needed to preclude a Bivens cause of action
• holding that a “completed cleanup program [could not] be effectively remedied under section 706(2) because a court cannot undo a completed program
• suggesting that statute providing cause of action for claims “arising out of’ the September 11 attacks may cover claims that government officials misrepre sented air-quality risks following the attacks
• finding that, in light of competing public policy considerations, a state-created danger claim could only succeed if plaintiff alleged that the government \acted with intent to harm\
• concluding that the “District Court properly determined that the Plaintiffs have met none of the criteria for a writ of mandamus” in part because “[t]he Plaintiffs’ claim for mandamus duplicates the APA count, both as to the underlying allegedly mandatory duties and as to the relief sought”
• observing that “right of federal agencies to make discretionary decisions when engaged in disaster relief without the fear of judicial second-guessing” raises separation-of-powers concern cautioning hesitation in extending Bivens (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).