Davis v. Billington, et al., No. 11-5092 (D.C. Cir. 2012)
Annotate this CasePlaintiff, a former employee of the Library of Congress, brought this action against, inter alia, his former supervisor (defendant), alleging that his termination for publication of articles critical of high-level public officials violated the First and Fifth Amendments and entitled him to damages relief under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Defendant moved to dismiss, arguing that a Bivens action was not available under the circumstances of the case and that he was entitled to qualified immunity. Because the court concluded that the courts should not imply a new form of Bivens action on the facts of this case, the court reversed the order of the district court denying defendant's motion to dismiss.
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