Cuyahoga Hts. Local School Dist. v. Palazzo

How courts have described this case

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

• concluding that “no Bivens remedy is available for [de facto debarment] claims” because “Congress has provided significant remedies for disputes 23 tort claims asserted against Mr. Traugh and Mr. Robinson—for lack of jurisdiction on four grounds: (1
• holding the court of appeals may decide certain “straightforward legal question[s]” not considered by the district court
• “A federal appellate court does not consider an issue not passed upon below” absent “exceptional cases or particular circumstances.” (cleaned up)
• “it is appropriate to determine the availability of a Bivens remedy at the earliest practicable phase of litigation”
• “We review de novo the District Court’s legal conclusions denying a motion to dismiss.”
• “It also makes no difference if the [alternative] remedies would not provide a full remedy …. The question is whether alternative remedies exist, not whether they cover the full breadth of harm that a would-be Bivens plaintiff alleges.”

Source: CourtListener parenthetical corpus (CC0).