The following excerpt is from Morse v. North Coast Opportunities, Inc., 118 F.3d 1338 (9th Cir. 1997):
4 For purposes of the analysis in Part II we assume, as did the district court, that the claim could have been brought under Bivens v. Six Unknown Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), rather than 1983 as recited in the complaint.
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