Hui v. Castaneda
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 08-1529 |
Mar 2, 2010 Tr. |
May 3, 2010 | 9-0 | Sotomayor | OT 2009 |
Holding: Public health service officers and employees cannot be sued through so-called “Bivens†actions for violating citizens’ constitutional rights if the violation was committed in the course of their government duties. The plaintiff can only sue the federal government, not the employees.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sonia Sotomayor on May 3, 2010.
SCOTUSblog Coverage
- Barring Bivens: The Court finds an immunity for Public Health Service personnel
- The scope of immunity for Public Health Service personnel
- A skeptical Court turns again to Bivens actions
Briefs and Documents
Merits Briefs
- Brief for Petitioner Esther Hui
- Brief for Petitioner Commander Stephen Gonsalves
- Brief for Respondent Yanira Castaneda, as Personal Representative of the Estate of Franciso Castaneda, et al.
- Reply Brief for Petitioner Commander Stephen Gonsalves
- Reply Brief for Petitioner Esther Hui
Amicus Briefs
- Brief for Commissioned Officers Association of the United States Public Health Service, Inc., The Uniformed Services Academy of Family Physicians, Inc., The American Medical Association, and The American Academy of Family Physicians in Support of Petitioner
- Brief for United States of America in Support of Petitioner
- Brief for American Civil Liberties Union in Support of Respondent
- Brief for National Immigrant Justice Center in Support of Respondent
- Brief for National Experts on Health Services for Detained Persons in Support of Respondent
- Brief for Rep. John Conyers, Jr., Rep. Zoe Lofgren, and Rep. Jerrold Nadler in Support of Respondent
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief amicus curiae of United States
- Petition for certiorari (08-1547)
- Petitioner's reply (08-1547)
- Brief amicus curiae of Commissioned Officers Association of the United States Public Health Service, Inc. (08-1547)
