Davis v. Passman (1978)
- Docket
- 78-5072
- Decided
- 1978-01-01
Summary
Question: Did the Fifth Amendment's Due Process Clause afford Davis a right to a civil remedy against Passman? Conclusion: Yes. Relying on Bivens v. Six Unknown Federal Narcotics Agents (1971) and Butz v. Economou (1978), the Court reversed the lower court's conclusions. Both cases affirmed a citizen's right to bring suit against federal officers for constitutional violations. In this case, Passman violated Davis's rights through sexual discrimination. The Court added that Passman's actions and words did not constitute protected speech and that a damage remedy provided a ready mechanism for remedial action.