· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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