In Bivens v. Six Unknown
Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) the
Supreme Court addressed the availability of a cause of action directly under
the Constitution in Bell v. Hood, 327 U.S. 678 (1946), in which
damages were sought against Federal Bureau of Investigation agents for
violation of fourth and fifth amendment rights. The Supreme Court held that
"where the complaint, as here, is so drawn as to seek recovery directly
under the Constitution or laws of the United States, the federal court must
entertain the suit. Id. at 681-82.
"Where federally protected rights have been
invaded, it has been the rule from the beginning that courts will be alert to
adjust their remedies so as to grant the necessary relief." Id. at
684."
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