fdic meyer argued october decided february federal savings loan insurance corporation fslic receiver failing thrift institution terminated respondent meyer job senior officer institution filed suit district claiming summary discharge deprived property without due process law violation fifth amendment making claim relied bivens six unknown fed narcotics agents implied cause action damages federal agents allegedly violated fourth amendment jury returned verdict fslic whose statutory successor petitioner federal deposit insurance corporation fdic appealed appeals affirmed holding although federal tort claims act ftca provides exclusive remedy claims cognizable meyer claim cognizable clause contained fslic organic statute constituted waiver sovereign immunity meyer claim entitled maintain action fslic deprived due process summarily discharged without notice hearing held fslic sovereign immunity waived pp meyer constitutional tort claim cognizable section provide cause action claim claim actionable section alleges inter alia liable private person accordance law place act page ii omission occurred claim meyer contain allegation reference law place means law state see miree dekalb county definition federal law state law provides source liability claim alleging deprivation federal constitutional right thus ftca constitute meyer exclusive remedy claim properly brought fslic simply basis statutory language interpretation suggested fdic deem claims sounding tort including constitutional torts cognizable pp fslic clause waives sovereign immunity meyer constitutional tort claim clause terms simple broad fslic shall power sue sued complain defend competent jurisdiction fdic attempt make clear showing congressional intent necessary overcome presumption clause fully waives immunity see federal housing admin burr international primate protection league administrators tulane ed fund instead fdic argues statutory waiver scope limited cases fslic subjected liability private entity category include instances constitutional tort cases fdic relies burr supra loeffler frank franchise tax bd california postal service support limitation suggested fdic pp bivens cause action implied directly fslic logic bivens support extension bivens federal agents federal agencies bivens petitioner sued agents federal bureau narcotics allegedly violated rights bureau implied cause action agents part direct action government available harlan concurring judgment essence meyer asks imply damages action based decision presumed absence action moreover imply action directly federal agencies thereby permitting claimants bypass qualified immunity protection invoked many bivens defendants longer reason aggrieved parties bring damages actions individual officers deterrent effects bivens remedy lost finally special factors counseling hesitation creation damages page iii remedy federal agencies remedy create potentially enormous financial burden federal government matter affecting fiscal policy better left congress pp thomas delivered opinion unanimous fdic meyer justice thomas delivered opinion bivens six unknown fed narcotics agents implied cause action damages federal agents allegedly violated constitution today asked imply similar cause action directly agency federal government logic bivens support extension decline take step april california savings loan commissioner seized fidelity savings loan association fidelity thrift institution appointed federal savings loan insurance corporation fslic serve fidelity receiver state law day federal home loan bank board appointed fslic serve fidelity receiver federal law capacity receiver fslic broad authority take action may necessary put thrift sound solvent condition stat amended ii repealed pursuant general policy terminating employment failed thrift senior management fslic special fdic meyer representative robert pattullo terminated respondent john meyer senior fidelity officer approximately one year later meyer filed lawsuit number defendants including fslic pattullo district northern district california time trial meyer sole claim fslic pattullo summary discharge deprived property right right continued employment california law without due process law violation fifth amendment making claim meyer relied upon bivens six unknown fed narcotics agents supra implied cause action damages federal agents allegedly violated fourth amendment jury returned verdict fslic found favor pattullo qualified immunity grounds petitioner federal deposit insurance corporation fdic fslic statutory successor appealed appeals ninth circuit affirmed first appeals determined federal tort claims act ftca act provide meyer exclusive remedy although ftca remedy exclusive claims cognizable section act appeals decided meyer claim cognizable concluded clause contained fslic organic statute repealed constituted waiver sovereign immunity meyer claim fdic meyer entitled maintain action agency finally merits affirmed jury conclusion meyer deprived due process summarily discharged without notice hearing granted certiorari consider validity damages award fslic ii absent waiver sovereign immunity shields federal government agencies suit loeffler frank federal housing admin burr sovereign immunity jurisdictional nature indeed terms consent sued define jurisdiction entertain suit sherwood see also mitchell axiomatic may sued without consent existence consent prerequisite jurisdiction therefore must first decide whether fslic immunity waived congress created fslic empowered agency sue sued complain defend competent jurisdiction repealed permitting fslic fdic meyer sue sued congress effected broad waiver fslic immunity suit nordic village slip congress passed ftca waived sovereign immunity certain torts committed federal employees order place torts suable agencies upon precisely footing torts nonsuable agencies loeffler supra internal quotation marks omitted congress ftca limited scope waivers contained fslic organic statute ftca limitation provides authority federal agency sue sued name shall construed authorize suits federal agency claims cognizable section title remedies provided title cases shall exclusive fdic meyer first question whether meyer claim cognizable term cognizable defined act absence definition construe statutory term accordance ordinary natural meaning smith slip cognizable ordinarily means apable tried examined designated tribunal within jurisdiction power given adjudicate controversy black law dictionary ed definition inquiry focuses jurisdictional grant provided section grants federal district courts jurisdiction certain category claims waived sovereign immunity render ed liable richards category includes claims money damages injury loss property personal injury death caused negligent wrongful act omission employee government acting within scope office employment circumstances private person liable claimant accordance law place act omission occurred fdic meyer applying principles case conclude meyer constitutional tort claim cognizable actionable provide cause action claim noted actionable claim must allege inter alia liable claimant private person accordance law place act omission occurred constitutional tort claim meyer contain allegation indeed consistently held reference law place means law state source substantive liability ftca see miree dekalb county muniz richards supra rayonier definition federal law state law provides source liability claim alleging deprivation federal constitutional right use terminology richards simply rendered liable constitutional tort claims thus meyer constitutional tort claim cognizable ftca constitute exclusive remedy claim therefore properly brought fslic name fdic argues exposing agency constitutional tort claims interpretation fdic meyer cognizability runs afoul congress understanding place torts suable nonsuable agencies footing see loeffler supra fdic deem claims sounding tort including constitutional torts cognizable fdic reading statute portion describes tort claims money damages injury loss property personal injury death caused negligent wrongful act omission employee government govern cognizability remaining portion simply describe limitation waiver sovereign immunity reject reading statute already noted describes scope jurisdiction reference claims waived immunity rendered liable fdic seeks uncouple scope jurisdiction scope waiver sovereign immunity interpretation jurisdictional grant broad covering claims fdic meyer sounding tort waiver sovereign immunity narrow covering claims private person held liable state law simply basis statutory language parsing fdic suggests section reference claims cognizable means cognizable whole simply portion meyer claim cognizable must determine whether fslic clause waives sovereign immunity claim fdic argues scope waiver limited cases fslic subjected liability private entity constitutional tort claim meyer fdic argues fall outside waiver constitution generally restrict conduct private entities essence fdic asks us engraft fdic meyer portion sixth element liability circumstances private person liable claimant onto clause face clause contains limitation contrary terms simple broad fslic shall power sue sued complain defend competent jurisdiction repealed past recognized waivers liberally construed federal housing admin burr notwithstanding general rule waivers sovereign immunity read narrowly favor sovereign see nordic village slip burr makes clear clauses limited implication unless clea show ing certain types suits consistent statutory constitutional scheme implied restriction general authority necessary avoid grave interference performance governmental function reasons plainly purpose congress use sue sued clause narrow sense omitted fdic attempt make clear showing congressional purpose necessary overcome presumption fdic meyer immunity waived instead bases argument solely language cases suggesting federal agencies bear burdens suit borne private entities typical cases burr stated congress launche governmental agency commercial world endow authority sue sued agency less amenable judicial process private enterprise like circumstances emphasis added see also franchise tax supra nder burr must liberally construe clause also must presume postal service liability business emphasis added loeffler supra clause congress waived postal service immunity interest awards authorizing recovery interest postal service extent interest recoverable private party normal incident suit emphasis added read context however clear burr franchise tax board loeffler support limitation fdic proposes cases claimants sought subject agencies particular suit incident suit private businesses amenable matter course burr example claimant obtained judgment employee federal housing administration fha served fha writ garnish employee wages similarly franchise tax board claimant directed postal service withhold amounts delinquent state income taxes wages four postal fdic meyer service employees loeffler claimant discharged employment rural letter carrier sought prejudgment interest incident successful suit postal service title vii civil rights act et seq claimant cases seeking hold agency liable like business franchise tax board supra natural look liability private businesses guidance stood reason agency escape liability private enterprise face similar circumstances contrast meyer seek hold fslic liable like business indeed seeks impose fslic form tort liability tort liability arising constitution generally apply private entities burr franchise tax board loeffler simply speak issue sovereign immunity context constitutional tort claim moreover nothing decisions suggests liability private enterprise serve outer boundary waiver rather cases merely involve determination whether particular suit incident suit came within scope waiver burr supra determined particular suit incident suit fell within waiver looked liability private enterprise floor agency liability fall present case contrast fdic argues agency liability never greater private entity attempts use liability private entity ceiling nothing burr franchise tax board loeffler supports result finally hesitate engraft language fdic meyer onto clause congress expressly set former provision limit latter provided limits waivers claims cognizable thus contemplates waiver encompass claims cognizable render agency subject suit unconstrained express limitations ftca fdic construction taken logical permit result render coextensive scope waivers contained clauses generally congress wished achieve outcome surely employed language see connecticut nat bank germain slip ourts must presume legislature says statute means means statute says showing made overcome presumption clause fully waived fslic immunity instance franchise tax board supra international primate protection league hold fslic clause waives agency sovereign immunity meyer constitutional tort claim iii although determined meyer claim falls within waiver inquiry end point part ways ninth circuit determined meyer cause action damages fslic waiver sovereign immunity ninth circuit reasoning conflates two analytically distinct inquiries mitchell first inquiry whether waiver sovereign immunity fdic meyer waiver case second inquiry comes play whether source substantive law upon claimant relies provides avenue relief second inquiry turn meyer bases due process claim decision bivens held individual injured federal agent alleged violation fourth amendment may bring action damages agent recent decisions responded cautiously suggestions bivens remedies extended new contexts schweiker chilicky case meyer seeks significant extension bivens asks us expand category defendants actions may brought include federal agents federal agencies well know appeals decision ninth circuit implied cause action directly federal agency meyer recognizes absence authority supporting position argues logic bivens support remedy disagree bivens petitioner sued agents federal bureau narcotics allegedly violated rights bureau meyer brought precisely claim logic fdic meyer bivens supports bivens claim damages pattullo fslic employee terminated additional problem meyer logic argument fact implied cause action federal officials bivens part direct action government available harlan concurring judgment essence meyer asks us imply damages action based decision presumed absence action meyer real complaint pattullo like many bivens defendants invoked protection qualified immunity bivens clearly contemplated official immunity raised noting district ruled respondents immune liability virtue official position importantly meyer proposed solution essentially circumvention qualified immunity mean evisceration bivens remedy rather extension must remembered purpose bivens deter officer see carlson green bivens remedy recoverable individuals effective deterrent ftca remedy imply damages action directly federal agencies thereby permitting claimants bypass qualified immunity reason aggrieved parties bring damages actions individual officers fdic meyer meyer regime deterrent effects bivens remedy lost finally damages remedy federal agencies inappropriate even remedy consistent bivens unlike bivens special factors counseling hesitation creation damages remedy bivens recognize direct action damages federal agencies creating potentially enormous financial burden federal government meyer disputes reasoning argues federal government already expends significant resources indemnifying employees sued bivens meyer argument implicitly suggests funds used indemnification shifted cover direct liability federal agencies may may true decisions involving federal fiscal policy make ibid quoting standard oil leave congress weigh implications significant expansion government liability iv extension bivens agencies federal government supported logic bivens therefore hold meyer bivens cause action damages fslic accordingly judgment reversed ordered footnotes meyer filed challenging jury finding pattullo protected qualified immunity ninth circuit affirmed finding declined review aspect case meyer pattullo statute governing fdic contains nearly identical fdic meyer clause see fourth supp iv fdic shall power sue sued complain defend law equity state federal section provides district courts shall exclusive jurisdiction civil actions claims money damages injury loss property personal injury death caused negligent wrongful act omission employee government acting within scope office employment circumstances private person liable claimant accordance law place act omission occurred asked define cognizability loeffler language bit imprecise question whether claim cognizable ftca generally loeffler suggests rather whether cognizable section emphasis added fdic relies upon smith interpretation term cognizable smith foreign country exception barred plaintiffs recovery federal government injuries allegedly caused negligence government employee working abroad held ftca provided plaintiffs exclusive remedy even though ftca provide means recovery smith involve provision issue case rather provides ftca remedy exclusive civil action proceeding money damages employee whose act omission gave rise claim occasion smith address meaning term cognizable contain term therefore find smith unhelpful regard nothing decision hubsch per curiam contrary hubsch parties submitted approval settlement agreement supp iv time provided attorney general approval settle claim cognizable section emphasis added construed imposing district authority responsibility passing proposed compromises notwithstanding fact found claimant failed prove government employee acted within scope authority fifth element mentioned see also hubsch holding case recognized claim lose cognizability simply failure proof element claim case failure proof rather meyer claim fall within terms first instance brief discussion clause fdic mention let alone attempt overcome presumption waiver see brief petitioner example bivens action alleging violation due process clause fifth amendment may appropriate contexts others compare davis passman implying bivens action equal protection component due process clause context alleged gender discrimination employment schweiker chilicky refusing imply bivens action alleged due process violations denial social security disability benefits ground damages remedy included elaborate remedial scheme devised congress although critical analysis note addition bivens claim pattullo meyer initially brought contractual claim fslic later dropped meyer also filed claim fslic receiver value contractual rights believed violated see repealed cfr coit independence joint venture fslic regard note congress considered several proposals created remedy directly federal government see sess sess sess sess find meyer bivens action fslic reach merits due process claim page