Bell v. Hood
| Bell v. Hood | |
|---|---|
| Argued January 29, 1946 Decided April 1, 1946 | |
| Full case name | Arthur L. Bell, et al., v. Richard B. Hood, et al. |
| Citations | 327 U.S. 678 (more) |
| Case history | |
| Prior | Bell v. Hood, 150 F.2d 96 (9th Cir. 1945) |
| Subsequent | Bell v. Hood, 71 F. Supp. 813 (S.D. Cal. 1947) |
| Holding | |
| Individuals have an implied cause of action under the Fourth and Fifth Amendment against federal government officials who have violated those constitutional rights. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Black, joined by Reed, Douglas, Frankfurter, Murphy, Rutledge |
| Dissent | Stone, joined by Burton |
| Jackson took no part in the consideration or decision of the case. | |
| Laws applied | |
| V Amendment, IV Amendment | |
Bell v. Hood, 327 U.S. 678 (1946), was a Supreme Court case in which the court held that individuals have an implied cause of action under the Fourth Amendment and Fifth Amendment to recover damages against federal government officials who violate those rights. The court further held that federal courts must entertain such suits unless they are frivolous, or solely for the purpose of that court gaining jurisdiction over the suit.
This case was the precursor to the famous Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) case, and is largely what the Bivens case was based upon.