[BohDaThone]

The case is about a particular kind of FEDERAL court suit called a Bivens action. It is a way to sue Federal officers "acting under color of law" similar to a Section 1983 suit against state officials (the usual excessive force case).

It is judicially created and so subject to various constraints. I am not saying right or wrong here, but this case says nothing about whether you can sue the federal official in STATE court for shooting you as a private tort, just as I can usually sure you in STATE Court for shooting me.

There are sometimes advantages to a plaintiff being in Federal Court (less likelihood of small town prejudice, maybe can get attorney fees sometimes), but this case does not have any impact on what state law says you can do to sue a person, federal official or not.

[publiusF27]

In the case of José Oliva, Mr. Oliva is claiming his fourth amendment rights were violated. Not a state court kind of claim.

More on how Bivens applies (or doesn't) these days. The standard answer from courts has become, "what happened to you was different from what happened to Bivens, so federal cops are immune."