William Rehnquist

“ On the logic of Meyer, inferring a constitutional tort remedy against a private entity like CSC is therefore foreclosed.
Respondent claims that even under Meyer’s deterrence rationale, implying a suit against private corporations acting under color of federal law is still necessary to advance the core deterrence purpose of Bivens. He argues that because corporations respond to market pressures and make decisions without regard to constitutional obligations, requiring payment for the constitutional harms they commit is the best way to discourage future harms. ”

“ Meyer also made clear that the threat of suit against an individual’s employer was not the kind of deterrence contemplated by Bivens. See 510 U.S., at 485 (“If we were to imply a damages action directly against federal agencies ... there would be no reason for aggrieved parties to bring damages actions against individual officers. [T] he deterrent effects of the Bivens remedy would be lost”) . ”

“ The District Court treated the amended complaint as raising claims under Bivens v. Six Unknown Fed. Narcotics Agents, supra, and dismissed respondent’s cause of action in its entirety. App. to Pet. for Cert. 20a. Relying on our decision in FDIC v. Meyer, 510 U.S. 471 (1994) , the District Court reasoned that “a Bivens action may only be maintained against an individual,” and thus was not available against petitioner, a corporate entity. App. to Pet. for Cert. 20a. With respect to Urena and the unnamed individual defendants, the complaint was dismissed on statute of limitations grounds. ”

“ For if a corporate defendant is available for suit, claimants will focus their collection efforts on it, and not the individual directly responsible for the alleged injury. See, e.g., TXO Production Corp. ”

“ This also makes respondent’s situation altogether different from Bivens, in which we found alternative state tort remedies to be “inconsistent or even hostile” to a remedy inferred from the Fourth Amendment. 403 U.S., at 393—394. When a federal officer appears at the door and requests entry, one cannot always be expected to resist. ”