Opinion of the Court
Federal Officials Cannot Be Sued Because They Knew of or Condoned Discrimination Against Detainees After the September 11, 2001, Attacks
Iqbal’s complaint fails to plead sufficient facts to state a claim for purposeful and unlawful discrimination. This Court assumes, without deciding, that Iqbal’s First Amendment claim is actionable in a Bivens v. Six Unknown Federal Narcotics Agents (1971) action. Because vicarious liability is inapplicable to Bivens and Section 1983 suits, the plaintiff in a suit such as the present one must plead that each government-official defendant, through his own individual actions, has violated the Constitution. Purposeful discrimination requires more than "intent as volition or intent as awareness of consequences;" it involves a decisionmaker’s undertaking a course of action `because of,’…
