United States Eighth Circuit

A Bivens remedy, which allows for tort recovery against federal officials directly under the Constitution, is not available in an action alleging that federal food safety inspectors from the U.S. Department of Agriculture violated the Federal Meat Inspection Act.

Appellate Information

• Decided 02/28/2005
• Published 02/28/2005

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MAGILL, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Alisa B. Klein, USDOJ, Washington, D.C. Also appearing on the appellant's brief was Mark B. Stern, USDOJ, Washington, DC.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was William M. Lamson, Jr., of Omaha, NE. Also appearing on appellee's brief was Brian J. Brislen of Omaha, NE.