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No. 21-147October Term 2021Decided Jun 8, 2022

Docket 21-147October Term 2021 (2021–2022)

Egbert v. Boule

The key question is whether this kind of lawsuit for money damages can go forward against a federal border agent.

Case status

Current stage
Decided
Latest event
Decision released Jun 8, 2022
Case Accepted
Arguments
Decision ReleasedJun 8, 2022
What it's about

This case asked whether an inn owner could sue a U.S. Border Patrol agent for money damages after the agent allegedly used excessive force against him and later retaliated against him for filing complaints. The dispute focused on whether the Court should extend the judge-made Bivens remedy to First Amendment retaliation claims and to Fourth Amendment claims arising from immigration and border-enforcement activity.

Question presented

1. Whether a cause of action exists under Bivens for First Amendment retaliation claims. 2. Whether a cause of action exists under Bivens for claims against federal officers engaged in immigration-related functions for allegedly violating a plaintiff’s Fourth Amendment rights.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 8, 2022

Area

First Amendment, Criminal Procedure, Immigration

Briefing

What it's about

This case asks whether Robert Boule, an inn owner, can seek money damages from a U.S. Border Patrol agent under Bivens (a court-created right to sue federal officers). Boule alleges the agent used excessive force and later retaliated after he filed complaints.

Vote

No oral argument is scheduled yet. The parties are fighting over whether Bivens should cover First Amendment retaliation claims and Fourth Amendment claims involving immigration-related functions.

Impact

The answer could shape when people may sue federal officers for alleged constitutional violations, especially in immigration and border-enforcement settings. That could affect business owners, travelers, and others who interact with federal agents near the border.

What's next

Watch for the Court to schedule oral argument or make another move on its calendar. No decision window is available yet.

What is the core dispute in Egbert v. Boule?

The Court is being asked whether Bivens lets Boule sue a Border Patrol agent for alleged retaliation and excessive force. The dispute centers on extending that remedy to these claims.

Why does this case matter in the real world?

It could affect whether people can seek damages from federal officers in border and immigration settings. That matters for people who say their constitutional rights were violated.

What is the next procedural step to watch?

The next major step is whether the Court schedules oral argument or makes another scheduling move. There is no decision timeline available yet.

Decision

Decision record

What the Court decided

The key question is whether this kind of lawsuit for money damages can go forward against a federal border agent.

Impact

The answer could shape when people may sue federal officers for alleged constitutional violations, especially in immigration and border-enforcement settings. That could affect business owners, travelers, and others who interact with federal agents near the border.

Not official Court text.

Opinion documents

Timing

Decided June 8, 2022

The Court released its decision on June 8, 2022 without hearing oral argument.