Case Citator › Peter Bistrian v. Troy Levi

Peter Bistrian v. Troy Levi

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Third Circuit
Citation
912 F.3d 79
Decided
Confirmed treatments
1
Flagged citations read
42 of 42
Citing cases (total)
42
Treatment dates
2024
Abrogated
A reviewed court treats this case as abrogated by later authority. Peter Bistrian v. Troy Levi is abrogated as to its failure-to-protect Bivens holding. All 42 flagged citations have been read; the one confirmed treatment is listed below.
More on how this was screened

Fisher v. Hollingsworth recognized that Egbert v. Boule displaced that holding. Bistrian's rejection of Bivens remedies for punitive detention and First Amendment retaliation was outside Fisher's adverse ruling.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

42 later cases cite Peter Bistrian v. Troy Levi; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Abrogated

  • The Third Circuit recognized that Egbert displaced Bistrian's holding allowing a Bivens failure-to-protect claim arising from inmate-on-inmate violence.

    Fisher v. Hollingsworth · Third Circuit · filed

    Because Bistrian and Shorter took a more lenient approach than Egbert, we now recognize their abrogation.
    Read the full opinion on CourtListener →

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