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Index/Topics/FTCA vs Bivens claims

FTCA vs Bivens claims

Comparison of FTCA and Bivens claims, including their differences and purposes

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Jan 16, 2026

How do FTCA claims versus Bivens constitutional suits differ in outcomes for U.S. citizens wrongly detained by immigration authorities?

FTCA claims are statutory suits against the United States that typically allege negligence and offer state-law damages but bar punitive awards, jury trials, and are subject to state caps and administr...

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