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· 6/22/2018

Jacob Hawkins v. Jimmy Coker

How courts have described this case

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

  • suggesting the Congress, not courts, must provide a “cause of action” against federal officers
  • courts will decline to extend Bivens remedy if claim arises in new context and there are special factors that counsel hesitation about granting extension
  • “A claim may arise in a new context even if it is based on the same constitutional provision as a claim in a case in 5 which a damages remedy was previously recognized.”
  • “‘[T]here is no federal general common law’ and therefore federal courts today cannot fashion new claims in the way that they could before 1938.” (quoting Erie R. Co. v. Tompkins, 304 U.S. 64, 78 (1938))

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.