Supreme Court Holds Private Citizens Can’t Sue Border Patrol for Damages in Excessive Force Claims

A U.S. Border Patrol agent in Washington state cannot be personally sued in the federal court system for damages resulting from a claim of illegal retaliation and excessive force made by a private citizen, the Supreme Court ruled in a unanimous decision on June 8.

The Biden administration argued that the threat of liability would interfere with Border Patrol agents doing their jobs. The Supreme Court agreed, overturning a decision of the often-reversed U.S. Court of Appeals for the 9th Circuit that had allowed the lawsuit to move forward.

The opinion (pdf) in Egbert v. Boule, court file 21-147, was written by Justice Clarence Thomas. Oral arguments were heard March 2.

The justices ruled 9-0 that a Border Patrol agent could not be sued for a retaliation claim under the First Amendment, and held 6-3 that the agent could not be sued for excessive use of force under the Fourth Amendment. Justice Neil Gorsuch filed a separate opinion concurring in the judgment of the court. The three liberal members of the court dissented on the excessive use of force claim.

The case concerns the half-century-old Bivens Doctrine, which shields federal agents from legal liability for actions performed in the course of their work. In Bivens v. Six Unknown Named Agents (1971), the Supreme Court recognized a cause of action under the U.S. Constitution for damages against Federal Bureau of Narcotics agents for violations of the Fourth Amendment. The bureau, founded in 1930, was a forerunner of today’s U.S. Drug Enforcement Agency.

During a smuggling investigation at the ironically named Smuggler’s Inn Bed and Breakfast in Blaine, Washington, maybe 10 feet from the Canadian border, U.S. Border Patrol agent Erik Egbert allegedly injured innkeeper Robert Boule. Boule had previously been a paid government informant whose tips led to multiple arrests of his guests; he had also been charged by Canadian authorities with human trafficking, but the charges were eventually thrown out.

https://www.ntd.com/supreme-court-holds-private-citizens-cant-sue-border-patrol-for-damages-in-excessive-force-claims_791301.html

https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf