Sheng-Wen Cheng v. P. Grenier, No. 24-1251 (8th Cir. 2024)
Annotate this Case
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-1251 ___________________________ Sheng-Wen Cheng lllllllllllllllllllllPlaintiff - Appellant v. P. Grenier, sued in his official and individual capacities; United States of America lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: August 16, 2024 Filed: August 21, 2024 [Unpublished] ____________ Before KELLY, STRAS and KOBES, Circuit Judges. ____________ PER CURIAM. Sheng-Wen Cheng appeals after the district court1 granted defendants’ motion to dismiss his claims under Bivens v. Six Unknown Named Agents of Fed. Bureau 1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota. of Narcotics, 403 U.S. 388 (1971).2 Upon careful review of the record and the parties’ arguments on appeal, we conclude that the district court did not err in dismissing the action. See Mitchell v. Dakota Cnty. Soc. Servs., 959 F.3d 887, 896 (8th Cir. 2020) (de novo review of Rule 12(b) dismissal); Farah v. Weyker, 926 F.3d 492, 497 (8th Cir. 2019) (de novo review of whether case is type for which Bivens remedy is available). To the extent Cheng intended to bring official-capacity claims for damages against defendants, the claims were barred by sovereign immunity. See Buford v. Runyon, 160 F.3d 1199, 1203 & n.6 (8th Cir. 1998). We further conclude the district court correctly determined that Cheng failed to state an individualcapacity claim. See Egbert v. Boule, 596 U.S. 482, 492-93 (2022) (even a “single reason” to hesitate is sufficient to preclude recognition of a new Bivens cause of action); Ahmed v. Weyker, 984 F.3d 564, 567 (8th Cir. 2020) (expanding Bivens is “a disfavored judicial activity” (quoting Ziglar v. Abbasi, 582 U.S. 120, 135 (2017))). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 2 Cheng has waived any challenges to the denial of injunctive relief, and the dismissal of his negligence and misrepresentation claim under the Federal Tort Claims Act. See Ahlberg v. Chrysler Corp., 481 F.3d 630, 638 (8th Cir. 2007). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
