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· 3/19/2003

Tapia-Tapia v. United States

Citations

  • 322 F.3d 742
  • 2003 U.S. App. LEXIS 4937
  • 91 Fair Empl. Prac. Cas. (BNA) 547
  • 2003 WL 1337705

How courts have described this case

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

  • holding that no Bivens remedy is available against the United States, federal agencies, or federal officers in their official capacities
  • finding that appellant did not have a viable Bivens claim against the Postmaster General since he was sued only in his official capacity and Bivens suits only can be brought against federal officers in their individual capacities
  • finding that appellant did not have a viable Bivens claim against the Postmaster General since he was sued only in his official capacity and Bivens suits only can be brought against federal officers in their individual capacities
  • finding appellant’s age discrimination allegations “not justiciable” when styled as constitutional claims because Age Discrimination in Employment Act “provides the exclusive federal remedy for age discrimination in employment”
  • sovereign immunity bars claims against federal defendants in official capacity; only Bivens available for constitutional violations
  • \[T]he government's sovereign immunity does not vanish simply because government officials may be personally liable for unconstitutional acts.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Selya, Lipez

Read full opinion on CourtListener

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.