17.791 42 U.S.C. § 1983 - Bivens claim cannot be brought by Postal Service employee arising out of employment relationship

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		Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law. ------------------------- Chapter 17 - 42 U.S.C. § 1983 17.700 "BIVENS" CLAIMS 17.790 Miscellaneous issues 17.791 Bivens claim cannot be brought by Postal Service employee arising out of employment relationship 6th Circuit In Mitchell v. Chapman, 343 F.3d 811 (6th Cir. 2003), the court held: it is well-settled that USPS employees may not allege Bivens claims arising out of their employment relationship with the USPS. See Harper v. Frank, 985 F.2d 285, 290 (6th Cir. 1993). See also Turner v. Holbrook, 278 F.3d 754 (8th Cir. 2002); Pipkin v. United States Postal Serv., 951 F.2d 272, 275 (10th Cir. 1991).
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