The Law : No Relief in Sight: Barring B ivens Claims in Torture Cases

Generally, the appropriate private cause of action against officials who, under color of federal law, violate someone's constitutional rights is to seek damages in a B ivens lawsuit. When national security issues are involved, however, the federal courts regularly bar relief under B ivens. As the recent appellate decisions in L ebron v. R umsfeld, P adilla v. Y oo, D oe v. R umsfeld, and V ance v. R umsfeld display, even when the rights violations involve torture and similar acts, which “shock the conscience,” there is no B ivens relief available to plaintiffs.