Christopher v. Harbury, 536 U.S. 403, 7 (2002)

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Cite as: 536 U. S. 403 (2002)

Opinion of the Court

and money damages under Bivens for violating her "right to familial integrity" under the First, Fifth, and Ninth Amendments by imprisoning, torturing, and executing her husband. Id., at 42-48 (counts 6-13). Third, she alleged common law torts invoking the Federal Tort Claims Act, 28 U. S. C. 2401(b) and 2675, App. 54, (1) on behalf of herself and her husband's estate against the CIA defendants for intentional infliction of emotional distress by causing and conspiring to cause Bamaca's imprisonment, torture, and execution, id., at 55 (counts 18-19); (2) on behalf of her husband's estate against the CIA defendants for negligent supervision resulting in his false imprisonment, assault and battery, and wrongful death, id., at 56-58 (counts 20-22); and (3) on her own behalf against the State Department and NSC defendants for intentional and negligent misrepresentation, constructive fraud, interference with the right to possess a spouse's dead body, id., at 58-62 (counts 24-27), and intentional infliction of emotional distress by making "intention-ally deceptive statements and omissions . . . about her husband, including concealing whether or not he was alive" id., at 58 (count 23). Fourth, Harbury brought a tort claim said to arise under international law against the CIA defendants on behalf of herself and her husband's estate. Id., at 62 (count 28).

In addition to these counts for direct harm, Harbury relied on the First and Fifth Amendments in raising four claims that the deceptive statements and omissions of the State Department and NSC defendants had unconstitutionally impeded her access to courts, id., at 49-51 (counts 14-15), as well as her rights to speak freely and to petition the Government, id., at 51-54 (counts 16-17). The basic theory as to access to courts was that if the officials had shared what they knew or simply said "no comment" rather than affirmatively misleading Harbury into thinking they were doing something, she might have been able "to take appropriate actions

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