Doe v. Hagenbeck, No. 15-1890 (2d Cir. 2017)Annotate this Case
Plaintiff, a former West Point cadet who alleged that she was sexually assaulted by a fellow cadet, filed suit against the United States and others, pleading four causes of action, including a claim against Lieutenant General Hagenbeck and Brigadier General Rapp brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), on the basis of their alleged violation of equal protection rights protected by the Fifth Amendment. The Second Circuit reversed the district court's determination as to the viability of the Bivens claim and joined the DC Circuit and the Fourth Circuit in holding that no Bivens remedy was available in this case. The court explained that the Supreme Court has made clear that it is for Congress to determine whether affording a money damages remedy is appropriate for a claim of the sort that plaintiff asserted. The court remanded to the district court with instructions to dismiss the equal protection claim.