Supreme Court Makes Federal Officials ‘Absolutely Immunized’ from Personal Lawsuits…

by Eric Katz at Government Executive

The Supreme Court on Wednesday made it even more difficult for U.S. citizens to bring lawsuits against federal employees who violate their constitutional rights, narrowing the already limited path to do so.

In Egbert v. Boule, the conservative majority on the court ruled an individual business owner did not have cause to bring an action seeking damages against a federal agent accused of physically assaulting him. The ruling set a broad precedent that legal experts said would make it virtually impossible to sue federal officials.

The case involved Richard Boule, who owns the Smuggler’s Inn, a bed and breakfast near the U.S.-Canada border in Washington. Boule worked as an informant for Customs and Border Protection, occasionally facilitating transportation and lodging for undocumented immigrants and subsequently reporting them to federal officers. In 2014, a scuffle took place between Boule and a Border Patrol agent, Erik Egbert. Boule had informed Egbert of a potential undocumented immigrant arriving at his inn, but Boule resisted when Egbert came to investigate and the agent allegedly pushed the inn owner to the ground.

Egbert allegedly then reported Boule to the Washington Department of Licensing for his “SMUGLER” license plate and to the Internal Revenue Service, which prompted an audit. Boule eventually sued Egbert for a Fourth Amendment excessive use of force violation and a First Amendment unlawful retaliation violation.

At the federal level, individuals can sue officials for violating their rights after the Supreme Court case Bivens v. Six Unknown Named Agents. The precedent created a high threshold, however, and courts frequently—and increasingly—deny plaintiffs the ability to sue. In Egbert, the court held unanimously that Boule did not have a Bivens case on his First Amendment claim. The three liberals dissented from the majority in part, arguing Boule should have been able to bring his excessive force claim. The decision reversed the finding from the U.S. Court of Appeals for the Ninth Circuit.

In the majority opinion written by Justice Clarence Thomas…