The following excerpt is from Terrell v. Brewer, 935 F.2d 1015 (9th Cir. 1990):
He incorrectly asserts that he has stated a cause of action under 42 U.S.C. Sec. 1983. In fact, he has stated a Bivens cause of action. 1 Daly-Murphy v. Winston, 837 F.2d 348, 355 (9th Cir.1987). As his complaint alleges, each defendant was a federal employee acting under color of federal law, not state law, "during all the time relevant to this complaint."
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