RTG Successfully Represents Federal Agent in Bivens Claim

Apr 2020

Matthew Tanner successfully represented a federal agent against accusations of violating the plaintiff’s Fourth Amendment rights.

A Veterans Affairs police lieutenant alleged Roeser Tanner & Graham’s client, a VA police detective, installed a hidden camera at the direction of his Chief, in an office where female officers changed in and out of uniform.

The plaintiff sued the defendants on a Bivens claim, which allow plaintiffs to sue federal agents for violating a person’s constitutional rights. In recent years, the Supreme Court has narrowed the scope of cases that could be pursued under Bivens.

Tanner moved for a summary judgment based on the new Supreme Court authority, arguing that the plaintiff’s case fell outside the scope of permitted Bivens actions.

The judge ruled in favor of RTG’s client.