Constitutional Whodunnits: Maintaining Section 1983 and Bivens Suits Against Unidentified State Actors

Democracies die in darkness. And so do the prospects of constitutional tort plaintiffs. Whether on account of chaos, prison bars, uniform dress, or unconsciousness, people who have suffered a constitutional tort (say, police brutality) may have no idea who harmed them.1 These identification issues can hamper or even foreclose section 1983 and Bivens suits that might otherwise lead to the recovery of damages for constitutional violations.2