Listen to Anya, Adam Liptak, and John Malcolm discuss qualified immunity on Intelligence Squared.
Listen to Anya discuss policing on the New Yorker Radio Hour.
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
Anya’s most recent focus has been on First Amendment retaliation. On March 20, 2024, Anya argued Gonzalez v. Trevino before the United States Supreme Court. On June 20, the Court agreed that petitioner, Ms. Gonzalez, should be able to proceed with her First Amendment lawsuit against officials who engineered her arrest. This ruling makes it easier for victims of retaliation, like Ms. Gonzalez, to vindicate their rights and restore their good name.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Anya's Cases
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…
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 offifcer 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
An Officer’s Lies Ruined the Lives of Dozens, Yet The Courts Protect Her from Accountability
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., et al v. Spring Cook, et al.
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 court said the Fourth Amendment’s protection against unwarranted arrests is “hazy.” Now, with IJ’s help, a family is asking the U.S. Supreme Court to clear the haze and rein in police’s ability to arrest someone for no reason.
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
Will Federal Cops Remain Above the Law?
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
Monroe v. Conner
United States Supreme Court
Brown v. Pouncy
United States Supreme Court
Matthew 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
Donald Logsdon, Jr. v. United States Marshal Service, et. al.
10th U.S. Circuit Court of Appeals
Sharpe v. Winterville (Rehearing)
Fourth Circuit Court of Appeals
Leuthauser v. USA
U.S. Court of Appeals 9th 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. Morton County Sheriff
8th U.S. Circuit Court of Appeals
Ashaheed v. Currington
10th U.S. Circuit Court of Appeals
Villarreal v. Laredo
Jessop v. Fresno
Tanzin v. Tanvir
U.S. Supreme Court
Hernandez v. Mesa Jr.
Frasier v. Denver Police Officers
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