In a landmark holding released in May, the U.S. Supreme Court held in Hui v. Castaneda , 2010 WL 1740524 (U.S.), that the Public Health Service Act (PHSA), 42 U.S.C.A. § 233(a), precludes Bivens-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.
A Bivens action is one seeking damages against a federal agent for violation of a constitutional right. The 1971 decision in Bivens v. Six Unknown Named Agents held that such plaintiffs have a private right of action for damages against offending federal agents if no other federal remedy is available and Congress has not expressly restricted the right to recovery in the specific situation.
