Davis v. Passman

Media Items
Oral Argument
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Advocates
Sana F. Shtasel (Argued the cause pro hac vice for petitioner)
A. Richard Gear (Argued the cause for the respondent)
Case Basics
Docket No.: 
78-5072
Petitioner: 
Davis
Respondent: 
Passman
Decided By: 
Burger Court (1975-1981)
Opinion: 
442 U.S. 228 (1979)

Cite this page
The Oyez Project, Davis v. Passman , 442 U.S. 228 (1979)
available at: (http://oyez.org/cases/1970-1979/1978/1978_78_5072)
Facts of the Case: 

Davis, a former employee of Louisiana Congressman Otto Passman, charged Passman with violating her Fifth Amendment right to due process. Prior to the time of her firing Passman wrote a note explaining that, even though he knew Davis as an "able, energetic, and a hard, hard worker", he preferred a man to work in her position. The Court of Appeals ruled that Davis had no civil remedies under the Fifth Amendment due process requirement.

Question: 

Did the Fifth Amendment's Due Process Clause afford Davis a right to a civil remedy against Passman?

Conclusion: 

Yes. Relying on Bivens v. Six Unknown Federal Narcotics Agents (1971) and Butz v. Economou (1978), the Court reversed the lower court's conclusions. Both cases affirmed a citizen's right to bring suit against federal officers for constitutional violations. In this case, Passman violated Davis's rights through sexual discrimination. The Court added that Passman's actions and words did not constitute protected speech and that a damage remedy provided a ready mechanism for remedial action.

Decisions

Decision: 5 votes for Davis, 4 vote(s) against
Legal provision: Equal Protection

Sort by Ideology

Wrote a dissent, joined Powell's dissent
Burger
Wrote the majority opinion
Brennan
Wrote a dissent
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Wrote a dissent, joined Burger's dissent
Powell
Voted with the minority, joined multiple dissents
Rehnquist
Voted with the majority
Stevens

Full Opinion by Justice William J. Brennan, Jr.