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In keeping with Alexander A. Reinert, regulation professor at the Benjamin N. Cardozo college of legislation of Yeshiva College, lots of attorneys assumed Bivens statements were being considerably considerably less productive than other civil rights litigation.[ten] nevertheless, Reinert's analysis showed outcomes for plaintiffs more promising than were assumed: "depending upon the procedural posture, presence of counsel, and type of scenario," accomplishment ranged from "16% to greater than forty%," and that "when Bivens claims are unsuccessful, it extremely almost never is due to the experienced immunity defense."[eleven][12]

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Justice Harlan voted with the majority to reverse the lower court docket but in addition wrote a individual concurring opinion.[two]

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