United States Ninth Circuit

In an action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), by a non-profit religious organization that runs a church camp on a parcel of land in Nye County, Nevada seeking an injunction against a US Fish and Wildlife Service officer for the allegedly unconstitutional diversion of a stream that once flowed through plaintiff's church camp property, the District Court's denial of defendants' motion to dismiss is reversed where relief under Bivens does not encompass injunctive and declaratory relief where the equitable relief sought requires official government action.

Appellate Information

• Published 2016/05/05

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel