DENISE MEJIA V. WESLEY MILLER, ET AL, No. 21-56282 (9th Cir. 2022)Annotate this Case
Plaintiff claimed that Defendant used excessive force while attempting an arrest on June 10, 2018, in Berdoo Canyon, which is considered BLM land. Plaintiff and her husband failed to yield to a park ranger, at which point Defendant was called to assist. As Defendant was trying to stop Plaintiff's vehicle, he fired several shots, hitting her in the hand and grazing her head.
Plaintiff filed a Sec. 1983 claim against Defendant. The district court denied Defendant's motion for summary judgment related to Plaintiff's excessive force claim and Defendant appealed.
On appeal, the Tenth Circuit reversed, declining to extend Bivens. The existence of alternative remedial structures is reason enough to not infer a new Bivens cause of action. Similarly, uncertainty about the potential systemwide consequences of implying a new Bivens cause of action is by itself a special factor that forecloses relief. The panel held that there was no Bivens cause of action for Plaintiff’s claim, which presented a new context.