United States Fourth Circuit

A Fifth Amendment Bivens claim is unavailable where Congres has provided a statutory remedy, and the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1111, covers claims arising out of federal employment, whether brought against a supervisor or not.

Appellate Information

• Argued 11/02/2000
• Decided 12/19/2000
• Published 12/19/2000

Judges

• Before WILKINSON, Chief Judge, and WILKINS and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Paul Joseph Orfanedes, Klayman & Associates, P.C., Washington, DC, for Appellant. Michael Scott Raab, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellees. ON BRIEF:  Larry Klayman, Klayman & Associates, P.C., Washington, DC, for Appellant.  David W. Ogden, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellees.