In 1971, the Supreme Court established the Court's ability to create an independent tort claim for Constitutional violations when no such claim was created by Congress.  Over 40 years later, the Court is still trying to put the genie back in the bottle, most recently with the Court's holding in Ziglar v. Abasi, which denied Guantanamo Bay detainees the right to sue government agents.  Brett and Nazim go through the history of Bivens claims and how the current Court has changed the original test.  Law starts generally from the beginning, but Bivens specific at (07:00).