In the wake of the Chicago South Shore raid—which reportedly saw masked U.S. agents rappelling down from a Black Hawk helicopter, bursting into a 130-unit building, kicking down doors, zip-tying and holding American citizens at gunpoint, and the detention of 37 Venezuelan nationals—a law school classmate asked me: Why isn’t every one of these raids—where officers trash property and terrorize residents—a potential Bivens case?
The answer, chilling, at least to me, is: Because my team and I spent decades at the Department of Justice making sure that such lawsuits would be dismissed, typically without trial, and often even without discovery.
— Read on www.lawfaremedia.org/article/reckoning-with-bivens