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Minneci v. Pollard

Docket No.10-1104
Op. Below9th Circuit
ArgumentNov 1, 2011

Holding

Because state tort law authorizes adequate alternative damages actions in this case, no Bivens remedy can be implied.

Judgment

Reversed, 8-1, in an opinion by Stephen G. Breyer on Jan 10, 2012. Justice Scalia wrote a separate concurring opinion, which was joined by Justice Thomas, but also joined the Court"s opinion. Justice Ginsburg filed a dissenting opinion.

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