Recently, federal trial judge Lee Rudofsky issued two opinions addressing the two categories of claims that Bryan Malinowski's estate and heirs brought in court after federal agents kicked in his door at 6 a.m. (half a minute after knocking). Mr. Malinowski shot one agent in his boot, and that agent responded by killing Malinowski. Several readers have asked me to break it all down.

If federal officials harm you, two avenues to recover damages exist. First, you can sue in "tort," which describes most common legal claims. (Car accidents, medical mess-ups, and slip-and-falls are examples of one type: negligence. These are committed due to a lack of due care. Assault, trespass, and defamation are examples of another category: intentional torts. The last kind deals with inherently dangerous materials like dynamite--strict liability.)

Tort cases against federal agents traditionally were brought under state law, but as discussed below, that's changed. The Malinowski estate and heirs sued for various torts in federal court.

The second type of damages lawsuit against federal agents is for violating constitutional rights. The estate and heirs sued for those also.

In researching these issues, I contacted Anya Bidwell of the conservative-libertarian Institute for Justice. Here's what I learned from her.

In 1971, the Supreme Court decided a case involving federal narcotics agents from a now-defunct agency who entered Webster Bivens' apartment without a warrant, searched the premises, and arrested him. In Bivens, the court inferred from the Constitution that he could sue in federal court for violations of his Fourth Amendment right against unreasonable searches and seizures.

Conservatives criticize that judicial activity, viewing a congressional enactment as the necessary antecedent to seeking damages in federal court for violations of most constitutional provisions. Congress did precisely that in 1871 for suits against state and local officers. This is known as Section 1983.

Section 1983's purpose is to provide a federal forum to victims that is less likely to inappropriately shield state and local defendants........

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