Implied Cause of Action Law and Legal Definition

An implied cause of action is a remedy allowed by the court when the is no remedy explicitly provided for in the law. In the case of a statute, the court may interpret the statute to silently include such a cause of action. In Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), the United States Supreme Court ruled that an individual whose Fourth Amendment rights against unreasonable search and seizures had been violated by federal agents could sue, despite the lack of any federal statute authorizing such a suit. Because of the importance of the right violated, a remedy was implied.