DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041918P.pdf   02/28/2005  NE Beef  v.  Dennis Greening
   U.S. Court of Appeals Case No:  04-1918
   District of Nebraska   
   Civil case - Bivens suit. Bivens action based on claims USDA meat 
   inspectors damaged plaintiff's reputation and business must be dismissed, 
   because a Bivens remedy is not available; all of the factors to be 
   considered in determining whether a remedy is available - whether 
   Congress has explicitly created any direct action against USDA 
   employees alleged to have committed constitutional violations, whether 
   the USDA has promulgated a comprehensive regulatory scheme that 
   includes the right of review under the APA and whether Congress has 
   created stringent exhaustion requirements for grievances filed against 
   USDA employees - all argue against extending a Bivens remedy in this 
   context. 
   [PUBLISHED] [Wollman, Author, with Magill and Colloton, Circuit Judges]