Federal Marshals Escape Liability for Kicking Arrestee in Head

The constitutional tort claim that an arrestee filed against US Marshals, who repeatedly kicked him in the head during his arrest, was properly dismissed, the Tenth Circuit said Monday as it recognized a dwindling right to sue the government.

Donald Logsdon Jr. said that the marshals violated the Fourth Amendment by using excessive force against him, and he sued under Bivens v. Six Unknown Named Agents, which was the first case to recognize a cause of action against federal agents for a violation of the Bill of Rights.

But Bivens, from 1971, has fallen out of favor at ...