Minneci v. Pollard

Holding: Because state tort law authorizes adequate alternative damages actions in this case, no Bivens remedy can be implied.

Judgment: Reversed, 8-1, in an opinion by Justice Breyer on January 10, 2012. Justice Scalia wrote a separate concurring opinion, which was joined by Justice Thomas, but also joined the Court’s opinion. Justice Ginsburg filed a dissenting opinion.

Briefs and Documents

Merits Briefs for the Petitioners

• Brief for Margaret Minneci et al.
• Reply Brief for Margaret Minneci et al.

Amicus Briefs in Support of the Petitioners

• Brief for the United States of America

Merits Briefs for the Respondents

• Brief for Richard Lee Pollard

Amicus Briefs in Support of the Respondents

Certiorari-stage documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Amicus brief of DRI

• Brief in opposition

• Petitioners’ reply