Listen to Anya, Adam Liptak, and John Malcolm discuss qualified immunity on Open to Debate.
Listen to Anya discuss policing on the New Yorker Radio Hour.
Read George Will’s Washington Post column mentioning Anya and her work.
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability. Through this project, Anya works to keep the judiciary a meaningful check on government overreach. In 2026, she was elected to the American Law Institute, where she advises on its forthcoming Restatement of the Law of Constitutional Torts.
Anya’s most pressing priority is holding federal officials to the same level of accountability as their state and local counterparts. Unlike those counterparts, federal officials generally cannot be sued when they violate constitutional rights. Anya is working with Congress and local legislatures to close this loophole. She also litigates the issue in federal court.
Anya’s other area of expertise is First Amendment retaliation. In a single year, she got the U.S. Supreme Court to undo two adverse circuit-court rulings, making it easier for victims of retaliatory arrests to sue their tormentors and restore their good name. Anya personally argued the first case, Gonzalez v. Trevino, before the Court. In the second case, Murphy v. Schmitt, the Court granted the petition, vacated the Eighth Circuit’s denial of the retaliation claim, and remanded for reconsideration in light of Gonzalez.
Anya appeared before the Supreme Court three additional times. She second-chaired Martin v. United States (a wrong-house raid), Brownback v. King (excessive force), and Tennessee Wine & Spirits Retailers Association v. Thomas (the Commerce Clause). The Court heard the most recent of these, Martin, in April 2025 and ruled unanimously for the family that June, returning the case to the Eleventh Circuit.
Anya spent her childhood in Ukraine and Kyrgyzstan and came to this country alone at 16 on a university scholarship. That upbringing drove her to study law and defend an independent judiciary. She also holds a Master’s from the University of Texas, where she wrote a thesis on asymmetric warfare and, in 2008, co-authored a study on whether Iran could close the Strait of Hormuz in a conflict with the United States.
Anya’s work has appeared in the New York Times, the Wall Street Journal, and the Washington Post, among others. She hosts live recordings of IJ’s Short Circuit podcast and co-produces its documentary-style podcast Bound by Oath.
Anya's Cases
Immunity and Accountability | Private Property
Dallas Bar Owner Asks Supreme Court to Let His Suit Over Bogus Prosecution Move Forward
A Dallas bar owner asks the Supreme Court to deny immunity to the police detective who led a bogus investigation against him.
Immunity and Accountability | Private Property
US Citizen and Army Veteran Submits Claims for Unconstitutional Immigration Detention
George Retes, a U.S. citizen and Iraq War veteran, was detained for three days after encountering an ICE roadblock on his way to work.
4th Amendment Project | Immunity and Accountability | Private Property
Federal lawsuit seeks to revive the Fourth Amendment's requirements for warrants
The Fourth Amendment requires that warrants be supported by "oath or affirmation" but that requirement means almost nothing today because of a decades old Supreme Court decision. Michael Mendenhall's case could revive the original meaning…
Immunity and Accountability | Private Property | SWAT Destruction
The FBI Raided the Wrong Home—the Government Refuses to Pay for the Damage
FBI agents raided the wrong home in suburban Atlanta. Now the federal government refuses to compensate the victims even though Congress passed a law permitting suits for damages caused by federal employees.
Immunity and Accountability | Private Property
New petition asks Supreme Court to let woman’s suit against her abuser’s enabler move forward after nearly a decade in court.
Desiree Martinez bravely reported to the police the abuse she had suffered at the hands of her boyfriend, Kyle Pennington. But Pennington was a police officer, and came from a family of officers. Instead of…
First Amendment Retaliation | Immunity and Accountability | Private Property
Murphy v. Schmitt
Have you ever heard of someone being arrested and sent to jail for walking on the wrong side of the road? Probably not — because police officers never, or almost never, arrest people for such…
Immunity and Accountability | Private Property
Task-Force Immunity and Accountability
Can a local police officer launder her lies and deceit through a state-federal task force to hide behind absolute federal immunity? IJ doesn’t think so, but with the help of the federal government, St. Paul…
Immunity and Accountability | Private Property
Louisiana Inmate Held 525 Days Past His Release Seeks Justice
Percy Taylor was kept in a Louisiana prison 525 days past his release date. He is not alone in being held beyond his sentence in a Louisiana detention facility. In January 2023, the U.S. Department…
Immunity and Accountability | Private Property
Joint Task Force Immunity
It is well documented that St. Paul police officer Heather Weyker fabricated a crime ring and single-handedly ruined the lives of dozens of people, who she landed in federal prison through what one federal…
First Amendment | First Amendment Retaliation | Immunity and Accountability
J.T.H. v. Spring Cook
Investigations can be an effective tool for intimidation. Government officials across the ideological spectrum weaponize this power to punish those who speak out against them. The stories of junk investigations are legion. Los Angeles just…
Immunity and Accountability | Private Property
Man fights to uphold court ruling that judges aren't above the law
The Institute for Justice (IJ) teamed up with a West Virginia man whose rights were violated by a Raleigh County family court judge. IJ and Matthew Gibson are urging the 4th U.S. Circuit Court of…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Ohio Man Arrested and Prosecuted for Facebook Joke Appeals to Supreme Court
Anthony Novak was arrested by his local police after he parodied the department on Facebook. His lawsuit against the city was dismissed after the officers were given qualified immunity.
Immunity and Accountability | Private Property
U.S. Supreme Court Appeal: Government Official with No Police Authority Pulled Over and Detained Drivers, Yet Granted Qualified Immunity
Can any government employee—such as a highway engineer who was never granted any police authority whatsoever—pull you over and detain you? Yes, at least if one federal appeals court gets its way.
4th Amendment Project | Immunity and Accountability | Private Property
A police officer arrested two innocent children at gunpoint. Now they are asking the Supreme Court to hold the officer accountable.
A police officer in Arkansas held two innocent children at gun point when he was supposed to be searching for an adult suspect. IJ is asking the Supreme Court to hear the family’s case and…
Immunity and Accountability | Private Property
Byrd v. Lamb
When police violate the rights of Americans, as they did to Kevin Byrd and Hamdi Mahmoud, they should be held accountable. IJ is asking the Supreme Court to take both of these cases and ensure…
4th Amendment Project | Immunity and Accountability | Private Property
Oliva v. Nivar
José Oliva was brutally beaten by federal officers in an unprovoked attack at a VA Hospital. This attack violated his Fourth Amendment rights, and IJ filed a petition to have the Supreme Court take on…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Texas Woman Fights Back After Local Officials in Castle Hills Have Her Arrested and Jailed For Criticizing City Government
After she won her election to city council, Sylvia Gonzalez immediately began getting harassed by city officials whom she had criticized in the past. It got so bad she was even arrested and thrown in…
Immunity and Accountability | Private Property
Taking on The Shell Games That Allow Federal/State Task Force Members To Violate Your Rights
Brownback v. King is IJ’s first Immunity and Accountability case that was argued before the United States Supreme Court. It involves James King, an innocent college student who was brutally beaten and choked unconscious by…
Can States Bar Newcomers from Owning a Business?
A Tennessee law required that in order to open a liquor store, one must be a Tennessee resident for two years. With help from IJ, Doug and Mary Ketchum challenged this law, bringing it all…
Civil Forfeiture | Private Property
Nurse Files Class Action Challenging CBP’s Abusive Civil Forfeiture Practices
Anthonia Nwaorie, a registered nurse and grandmother from Texas was flying to see family in Nigeria when Customs and Border Patrol took her life savings without ever charging her with a crime. So, she joined…
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Maryland Dairy Farmers Sue for Right to Tell the Truth
The FDA prevented Randy Sowers from labelling his skim milk as “skim milk” even though that’s exactly what it is. The First Amendment protects Randy’s right to tell the truth about his product, and after…
Civil Forfeiture | Private Property
Wyoming law enforcement pressures drivers to sign a form “giving” their cash to law enforcement agencies and waiving any right to court proceedings.
IJ successfully represented Phil Parhamovich, a musician from Madison, Wisconsin who had his life savings of $91,800 seized by Wyoming law enforcement during a traffic stop on I-80 near Cheyenne. Phil was never charged, much…
Civil Forfeiture | Private Property
Border Patrol Agents Used a Flimsy Excuse to Seize A Man’s Truck, Then Held It for Two Years, Refusing His Requests for a Hearing. He Is Now Appealing His Case to the U.S. Supreme Court, Calling for Prompt Hearings After Vehicle Seizures
Border Patrol Agents used a flimsy excuse to seize Gerardo Serrano’s truck, then held it for two years. IJ asked the Supreme Court to hear Gerardo’s case, but unfortunately the court declined to do so.
Anya's Research & Reports
Immunity and Accountability
Unqualified Immunity and the Betrayal of Butz v. Economou: How the Supreme Court Quietly Granted Federal Officials Absolute Immunity for Constitutional Violations
Betraying the long history of federal accountability in the United States, the modern Supreme Court has ushered in an era of increasingly absolute and unqualified immunity for federal officials.
Immunity and Accountability
Recalibrating Qualified Immunity: How Tanzin v. Tanvir, Taylor v. Riojas, and McCoy v. Alamu Signal the Supreme Court’s Discomfort with the Doctrine of Qualified Immunity
Recent decisions by the Supreme Court offer the strongest signal in decades that the Court is ready to recalibrate its qualified immunity jurisprudence.
Anya's Amicus Briefs
Lowery v. Mills
United States Supreme Court
Roberts v Thompson
United States Court of Appeals for the 8th Circuit
Deep South Today, et al. v. Murrill, et al.
5th U.S. Circuit Court of Appeals
Monroe v. Conner
United States Supreme Court
Brown v. Pouncy
United States Supreme Court
Locke v. County of Hubbard
United States Court of Appeals for the 8th Circuit
Sharpe v. Winterville (Petition for Writ of Certiorari)
United States Supreme Court
Tanvir v. Tanzin
2nd U.S. Circuit Court of Appeals
Logsdon v. United States Marshal Service
10th U.S. Circuit Court of Appeals
Berge v. School Committee of Gloucester
1st U.S. Circuit Court of Appeals
Sharpe v. Winterville (Rehearing)
Fourth Circuit Court of Appeals
Mejia v. Miller
United States District Court for the Central District of California
Leuthauser v. United States
U.S. Court of Appeals Ninth Circuit
Craig v. Martin
U.S. Court of the Appeals for the Fifth Circuit
Egbert v. Boule
U.S. Supreme Court
J.W. v. Paley
5th U.S. Circuit Court of Appeals
Cope v. Cogdill
5th U.S. Circuit Court of Appeals
Thompson v. Clark
U.S. Supreme Court
Mitchell v. Kirchmeier
8th U.S. Circuit Court of Appeals
Ashaheed v. Currington
10th U.S. Circuit Court of Appeals
Villarreal v. Laredo
U.S. Court of Appeals for the Fifth Circuit
Jessop v. Fresno
U.S. Supreme Court
Tanzin v. Tanvir
U.S. Supreme Court
Hernandez v. Mesa
U.S. Supreme Court
Frasier v. Evans
U.S. Court of Appeals for the Tenth Circuit
Anya's News, Articles & Publications
Anya's Hearings
Gonzalez v. Trevino Supreme Court Hearing
In Gonzalez v. Trevino, Petitioner Sylvia Gonzalez is a 72 year-old city councilwoman from Castle Hills, Texas. Ms. Gonzalez believed that the city’s mayor and city manager were ignoring her constituents and her own frustrations with the city. The mayor and other allies of the city manager in turn planned to… Read More
Anya's Podcasts
June 23, 2026
Unpublished Opinions 25 | Pulling Up the Ladder
With guest host Patrick Jaicomo, he and IJ’s Anya Bidwell and Diana Simpson conspire on how best to keep the competition out of their guild. […]
Listen NowJune 05, 2026
Short Circuit 431 | Hard but not Impossible
We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]
Listen NowJanuary 02, 2026
Short Circuit 409 | Obviously Unconstitutional
IJ’s Anya Bidwell interviews two civil rights lawyers for a wide-ranging conversation about what it’s like to litigate on behalf of people behind bars. She […]
Listen NowNovember 21, 2025
Short Circuit 403 | Strict Liability for Civil Rights Violations
In a special episode, IJ’s Anya Bidwell interviews Matteo Godi of USC Law about his new article “Section 1983: A Strict Liability Statutory Tort.” Professor […]
Listen NowOctober 27, 2025
Unpublished Opinions 19 | The Highest Court in the Land
With the new Supreme Court term underway, John Wrench welcomes Anya Bidwell and Anthony Sanders for a SCOTUS-themed romp—including which justice is the ideal dinner […]
Listen NowJuly 31, 2025
Unpublished Opinions 17 | Stand By
Lots of hot takes on the Supreme Court, the Supreme Court, and even as varied a subject as the Supreme Court. With sub-categories: whether the […]
Listen NowMarch 16, 2022
State Remedies | Season 2, Ep. 11
With the doors to federal court closing on civil rights claims, this final episode of Season 2 heads to new terrain: state court. Click here for […]
Listen NowDecember 07, 2020
City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity
How one Texas town retaliated against a citizen for trying to improve her community
Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts […]
Listen Now