Supreme Court·Oral argument
Court hears Nielsen v. Watanabe Monday on whether federal officers can be sued for damages under Bivens
The Supreme Court will hear argument Monday, Nov. 9, in Nielsen v. Watanabe, on whether a Hawaii federal inmate can sue a prison paramedic for money damages under the 1971 Bivens decision, SCOTUSblog reported. Kekai Watanabe alleges that after he was injured in a fight in federal custody, paramedic Francis Nielsen gave him only over-the-counter pain medication; Watanabe says he later learned he had a fractured coccyx and still has severe pain, and the U.S. Court of Appeals for the 9th Circuit allowed his Eighth Amendment claim to proceed after a district court dismissed it. Nielsen asks the justices to throw out the claim and even overrule Bivens; Solicitor General D. John Sauer, supporting Nielsen, argues the claim should be dismissed but that the Court should not reconsider Bivens in this case, SCOTUSblog's Amy Howe reported. The Supreme Court's day call and the SCOTUSblog calendar also list Hoffmann v. WBI Energy Transmission, Inc., as the second argument Monday.
- SCOTUSblogCourt to hear argument on whether and when federal officials can be held liable for violations of the Constitution
- Supreme Court of the United StatesDay Call, Monday, November 9, 2026
- SCOTUSblogSupreme Court Calendar