Suing federal officers over force
Herzon v. Arias
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Noah A.
- What's at stake
- Whether Arias may seek money damages from these six officers under Bivens for the alleged use of force remains unresolved.
Summary: written with AI from the case record.
What it's about
Herzon and five other federal officers filed a petition asking the Supreme Court to hear whether Robert Arias may seek money damages from them under Bivens, a court-created right to seek damages, for an alleged Fourth Amendment excessive-force claim arising from an arrest warrant executed outside a home.
Bivens is a court-created way to seek money damages from federal officers for certain constitutional violations.
Question presented
Whether Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), in which this Court created a private right of action to seek damages for a Fourth Amendment claim arising out of a warrantless arrest in a home, should be extended to a Fourth Amendment excessive-force claim arising out of the execution of an arrest warrant outside the home.
What happens next
The next step is for the Court to decide whether to hear the petition. No argument date or decision window is set.
Documents
Docket activity
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AI analysis generated: Case Briefing
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.