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He also sued the officers individually under the implied cause of action recognized by Bivens. In a concurring opinion, Justice Sonia Sotomayor emphasized that the question of whether the FTCA judgment bar covers claims brought in the same action warrants consideration.
In 2014, Freed updated his Facebook page to reflect his position as city manager of Port Huron, Michigan. For example, because Facebook’s blocking tool operates on a page-wide basis, a court would have to consider whether Freed had engaged in state action with respect to any post on which Lindke wished to comment.
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