Does the District Court have jurisdiction to hear a class action brought by pretrial detainees who have been restrained without trial?

Although this appeal should be dismissed, the district court's policy is not insulated entirely from judicial review. For example, we likely would have jurisdiction over a class action brought by pretrial detainees under Bivens v. Six Unknown Named Agents , 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), to recover damages from the individuals implementing the restraint policy,⁸ or to seek to enjoin the United States Marshal for the district from carrying out the policy. Cf., e.g. ,

[859 F.3d 676]