Vega v. United States, No. 13-35311 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of an action alleging violations of plaintiff's First and Fifth Amendment rights under the implied cause of action theory adopted by the Supreme Court in Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), as well as state law claims. Neither the Supreme Court nor this court have expanded Bivens in the context of a prisoner's First Amendment access to court or Fifth Amendment procedural due process claims arising out of a prison disciplinary process, and the circumstances of plaintiff's case against private defendants plainly presented a "new context" under Ziglar v. Abbasi, 137 S. Ct. 1843, 1854 (2017). The panel also held that plaintiff had alternative means for relief against the alleged violations of his First and Fifth Amendment rights by the private defendants. In a memorandum opinion, the panel addressed plaintiff's remaining arguments.