John Paul Stevens

“ First, as is clear from the legislative materials cited in Carlson, 446 U.S., at 19—20, see also ante, at 6, Congress has effectively ratified the Bivens remedy; surely Congress has never sought to abolish it. Second, a rule that has been such a well-recognized part of our law for over 30 years should be accorded full respect by the Members of this Court, whether or not they would have endorsed that rule when it was first announced. For our primary duty is to apply and enforce settled law, not to revise that law to accord with our own notions of sound policy. ”

“ Even though respondent here may have been able to sue for some degree of relief under state law because his Eighth Amendment claim could have been pleaded as negligence, future plaintiffs with constitutional claims less like traditional torts will not necessarily be so situated. [8]
Second, the Court claims that the deterrence goals of Bivens would not be served by permitting liability here. Ante, at 8—9 (citing Meyer) . It cannot be seriously maintained, however, that tort remedies against corporate employers have less deterrent value than actions against their employees. ”

“ First, the Court argues that respondent enjoys alternative remedies against the corporate agent that distinguish this case from Bivens. In doing so, the Court characterizes Bivens and its progeny as cases in which plaintiffs lacked “any alternative remedy,” ante, at 8. In Bivens, however, even though the plaintiff’s suit against the Federal Government under state tort law may have been barred by sovereign immunity, a suit against the officer himself under state tort law was theoretically possible. ”