THE CIRCUIT SPLIT CREATED BY POLLARD V. GEO GROUP, INC.: THE DANGERS OF ALLOWING A BIVENS ACTION WHERE ADEQUATE ALTERNATIVE STATE REMEDIES EXIST

Author: 

Kelly Dougherty

“[T]he States . . . expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” The above quotation is from the preamble to the Bill of Rights of the United States Constitution The Bill of Rights was amended to the Constitution to further ensure the protection of citizens’ rights against governmental infringement. A large influence on the drafters of the Bill of Rights was Sir William Blackstone, who deemed personal security, personal liberty and personal property as absolute rights. These ideas are also present in James Madison’s writings on property. View More