Correct spelling for the English word "bivens" is [bˈa͡ɪvənz], [bˈaɪvənz], [b_ˈaɪ_v_ə_n_z] (IPA phonetic alphabet).
Bivens is a legal term that refers to a type of remedy available in the United States for a violation of constitutional rights. Specifically, it stems from a judicially created cause of action known as a Bivens action, which allows individuals to sue federal government officials personally for damages when their individual constitutional rights have been violated by those officials' actions.
The term "Bivens" originated from the landmark Supreme Court case, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, decided in 1971. This decision established the framework for recognizing an implied private right of action against federal officials for constitutional violations.
In essence, a Bivens action enables individuals to seek compensation from federal officers, such as law enforcement agents or other government officials, who have allegedly violated their Fourth, Fifth, or Eighth Amendment rights. However, it is important to note that Bivens actions only address violations committed by federal officials, as opposed to violations by state or local government actors, which may be subject to different legal remedies.
Furthermore, a Bivens action does not create a new constitutional right, but rather provides a legal avenue for individuals to seek damages when their existing constitutional rights have been infringed upon by federal officials. This remedy is intended to hold government agents accountable for their actions and deter future constitutional violations.