FDIC v. Meyer, 510 U.S. 471, 16 (1994)

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486

FDIC v. MEYER

Opinion of the Court

Finally, a damages remedy against federal agencies would be inappropriate even if such a remedy were consistent with Bivens. Here, unlike in Bivens, there are "special factors counselling hesitation" in the creation of a damages remedy. Bivens, 403 U. S., at 396. If we were to recognize a direct action for damages against federal agencies, we would be creating a potentially enormous financial burden for the Federal Government. Meyer disputes this reasoning and argues that the Federal Government already expends signifi-cant resources indemnifying its employees who are sued under Bivens. Meyer's argument implicitly suggests that the funds used for indemnification could be shifted to cover the direct liability of federal agencies. That may or may not be true, but decisions involving " 'federal fiscal policy' " are not ours to make. Ibid. (quoting United States v. Standard Oil Co. of Cal., 332 U. S. 301, 311 (1947)). We leave it to Congress to weigh the implications of such a significant expansion of Government liability.11

IV

An extension of Bivens to agencies of the Federal Government is not supported by the logic of Bivens itself. We therefore hold that Meyer had no Bivens cause of action for damages against FSLIC. Accordingly, the judgment below is reversed.12

So ordered.

11 In this regard, we note that Congress has considered several proposals that would have created a Bivens-type remedy directly against the Federal Government. See, e. g., H. R. 440, 99th Cong., 1st Sess. (1985); H. R. 595, 98th Cong., 1st Sess. (1983); S. 1775, 97th Cong., 1st Sess. (1981); H. R. 2659, 96th Cong., 1st Sess. (1979).

12 Because we find that Meyer had no Bivens action against FSLIC, we do not reach the merits of his due process claim.

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