Liff v. Office of Inspector General, No. 16-5045 (D.C. Cir. 2018)Annotate this Case
Plaintiff, individually and through his consulting business, filed suit against defendants, alleging reputational injury caused by reports from the DOL-OIG and the OPM. The DC Circuit reversed the district court's denial of a motion to dismiss claims against the Bivens Defendants, holding that the district court should have decided that availability of a Bivens remedy as a threshold question gating whether the Bivens Defendants must defend against this suit in their personal capacities. The court reviewed that question of law directly and held that no Bivens remedy was available for plaintiff's claims. The court explained that Congress has provided significant remedies for disputes between contractors and the government entities that engage them, as well as for persons aggrieved by the government's collection, maintenance, and dissemination of information. Because of these alternative remedies and the comprehensive remedial schemes that they represent, the court declined to extend Bivens for plaintiff's claims.