Also known as: implied cause of action · implied causes-of-action · implied private right of action · implied right of action
Written by attorneys · grounded in primary & secondary sources — see below
A judicially recognized private right of action for violations of federal constitutional or statutory provisions when Congress has not expressly created a civil remedy. Federal question jurisdiction exists when a plaintiff alleges a right to relief directly under federal law even without an express remedial provision.
Ivy Ibarra sued the Department of Transportation after federal officers detained her on a public sidewalk and seized her phone without a warrant. She sought damages directly under the Fourth and Fifth Amendments. The district court possessed federal question jurisdiction because her complaint alleged a right to relief under the Constitution even though no statute expressly authorized damages.
Idina Iverson alleged that federal prison officials subjected her to unconstitutional conditions of confinement. She asserted an implied damages action under the Fifth Amendment. The court treated the existence of the implied remedy as a merits question separate from whether federal question jurisdiction attached to her well-pleaded constitutional claim.
Select any source to read its text and confirm it supports the definition.
Ibrahim Iqbal sued a bank for aiding and abetting securities fraud under section 10(b). The complaint contained no allegation that the bank itself made a misleading statement. The court held that no implied private right of action for aiding and abetting exists under the statute.
Ingrid Innes sought damages from the State of Florida for alleged violations of federal gaming statutes. She relied on an implied cause of action theory. The court ruled that sovereign immunity prevented the suit because Congress had not validly abrogated state immunity.
Ilana Isaacs brought an implied action under the securities laws alleging an omission in a proxy statement. The court required her to show that the omitted fact would have assumed actual significance in the deliberations of a reasonable shareholder.
Ivan Ivanov challenged a short form merger as fraudulent under the securities laws. He sought damages for an alleged breach of fiduciary duty. The court held that the federal statute did not create an implied private right of action for that type of claim.
No. Jurisdiction exists when the complaint alleges a right to relief directly under the Constitution or federal statutes, even if the remedy must be implied. Whether an implied cause of action should be recognized is a merits question.
Supporting sources
No. The well-pleaded complaint rule requires a federal question on the face of the plaintiff's complaint. Anticipating a preemption defense or other federal issue in the complaint does not support jurisdiction.
Supporting sources
Only when the claim is wholly frivolous or clearly foreclosed by precedent. A colorable allegation that federal officers violated constitutional rights is sufficient even if the court may later decline to recognize damages.
Supporting sources
…the limits set forth in the general jurisdictional statute. 134 U. S., at 18. By contrast, because Hans involved only an implied cause of action based directly on the Constitution, the Judiciary Act of 1875 constituted the sole indication as to whether Congress intended federal-court jurisdiction to extend to a suit against an…