What is the purpose of the Bivens action in relation to NCOs?

The purpose of the Bivens action is to allow individuals to sue federal officers, including Non-Commissioned Officers (NCOs), for violations of constitutional rights. This legal provision arises from the Supreme Court case Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, which established that individuals could seek damages for constitutional infringements perpetrated by federal agents acting under the authority of federal law. In the context of NCOs, if an NCO engages in conduct that violates an individual's rights protected by the Constitution, a Bivens action would provide a mechanism for that individual to hold the NCO accountable in a civil court.

This principle underscores the accountability of federal officers, ensuring that they adhere to constitutional standards while performing their duties. It is not meant to provide immunity for criminal actions, establish military conduct guidelines, or limit the powers of NCOs; rather, it emphasizes the protection of individual rights against federal misconduct.