In Logsdon v. U.S. Marshal Service, the U.S. Court of Appeals for the Tenth Circuit made the seemingly all-but-inevitable decision to refuse to recognize a Bivens claim in a new context. But in doing so, the appellate court offered a surprisingly candid assessment of the current state of the law—and on where the Supreme Court is headed.
Case Background
In Logsdon v. U.S. Marshal Service, 91 F.4th 1352 (10th Cir. 2024), the Tenth Circuit took up a case involving a civil claim against the Marshal Service and several of its deputies for alleged excessive use of force.
