On May 3, 2010, the Supreme Court announced its decision in Hui v. Castaneda. The question in this case was whether 42 U.S.C . §233(a), which makes the Federal Tort Claims Act the exclusive remedy for certain acts by U.S. Public Health Service (PHS) personnel arising out of their official duties, precludes an action under Bivens v. Six Unknown Federal Narcotics Agents against PHS personnel for constitutional violations arising out of these duties.
In a unanimous opinion delivered by Justice Sotomayor, the Court held that section 233 precludes Bivens actions under these circumstances.
To discuss the case, we have Mark A. Behrens, who is a partner at Shook, Hardy & Bacon L.L.P.