Suing federal officers
Egbert v. Boule
In brief
The Supreme Court overturned the Ninth Circuit and decided that Boule could not use Bivens to seek money from Egbert for either claim.
- Where it stands
- Decided
Decided 6-3 · June 8, 2022 · Opinion by Justice Thomas
- What it’s about
- Border Patrol agent Erik Egbert allegedly pushed inn owner Robert Boule during an immigration inquiry, and Boule later sued for excessive force and First Amendment retaliation.
- Who it affects
- The ruling means Boule cannot seek money from Egbert through Bivens for either alleged constitutional violation. It resolves whether those two Bivens claims are available but does not decide whether Boule has another remedy.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Ninth Circuit’s ruling and decided that a Bivens damages claim (a court-created lawsuit seeking money from a federal officer) was unavailable for either claim.
The case fits the Supreme Court’s long-running debate over Bivens, a court-created way to seek money from federal officers for constitutional violations.
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.
What the Court decided
Holding
Bivens does not extend to create causes of action for Boule’s Fourth Amendment excessive-force claim and First Amendment retaliation claim. 998 F. 3d 370, reversed.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Gorsuchwrote separately
From the opinions
“The Court goes to extraordinary lengths to avoid this result: It rewrites a legal standard it established just five years ago, stretches national-security concerns beyond recognition, and discerns an alternative remedial structure where none exists.”
What's next
If the case continues in the Ninth Circuit, that court must follow the Supreme Court’s ruling. The decision does not identify another remedy or specify further proceedings for Boule.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Opinion added: opinion
Brief added: Petition
Brief added: Questions Presented
More questions
- What was Egbert v. Boule about?
- Border Patrol agent Erik Egbert allegedly pushed inn owner Robert Boule during an immigration inquiry. Boule sued over excessive force and First Amendment retaliation.
- What did the Supreme Court decide in Egbert v. Boule?
- The Supreme Court overturned the Ninth Circuit and decided that Boule could not use Bivens to seek money for either claim.
- How did the justices divide in Egbert v. Boule?
- Justice Thomas wrote the Court’s opinion, and Chief Justice Roberts and Justices Alito, Kavanaugh, and Barrett signed on. Justice Gorsuch agreed with the result for different reasons; Sotomayor agreed partly and disagreed partly, with Breyer and Kagan signing on to her opinion.
- What happens next for Robert Boule?
- The Ninth Circuit must follow the Supreme Court’s ruling if the case continues there. The decision does not identify another remedy or specify further proceedings for Boule.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.