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Supreme Court appears wary of former inmate’s quest for damages over prison medical care

Justices weighed whether to narrow or end Bivens, a precedent lawyers say is one of the few ways to seek damages from federal officers.

  • On Monday, the Supreme Court heard oral arguments in Nielsen v. Watanabe, examining whether citizens can sue federal law enforcement officers for damages when constitutional rights are violated.
  • Kekai Watanabe alleges that prison nurse Francis Nielsen violated his Eighth Amendment rights by refusing medical care after a 2021 gang riot at the Federal Detention Center in Honolulu.
  • The lawsuit challenges the 1971 Bivens decision, which created a path to sue federal officers for constitutional violations. Attorneys for Nielsen argue the precedent is now obsolete.
  • Chief Justice John Roberts appeared open to a narrower ruling during Monday's arguments, questioning why the court should not defer to the government's "cautious, incremental" approach.
  • Experts warn that eliminating Bivens could grant federal officers absolute immunity. With the Accountability for Federal Law Enforcement Act stalled, a decision is expected by June 2027.
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Fort Smith/Fayetteville NewsFort Smith/Fayetteville News
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Supreme Court weighs whether federal law enforcement can be liable for constitutional violations

The Supreme Court is hearing oral arguments in a case over whether people can sue federal officials for violating constitutional rights and seek damages.

·Fort Smith, United States
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USA Today broke the news in New York, United States on Sunday, November 8, 2026.
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