A Virginia judge granted a federal prison electrical supervisor’s motion for reconsideration, after an employee brought a Bivens claim against him, following recent precedent from the U.S. Court of Appeals for the Fourth Circuit.
U.S. District Judge Michael S. Nachmanoff for the Eastern District of Virginia dismissed plaintiff Earlson Tso’s Bivens claim against his supervisor Ron Wester, in a Feb. 6 opinion and granted the motion for reconsideration, concluding details of the suit counseled against a Bivens remedy, or a civil rights claim for monetary damages against federal officials.
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