Egbert v. Boule

Egbert v. Boule
Egbert v. Boule
	Supreme Court of the United States
Argued March 2, 2022;
Full case name	Erik Egbert v. Robert Boule
Docket no.	21-147
Argument	Oral argument
Questions presented
	(1) Whether a cause of action exists under Bivens v. Six Unknown Named Agents 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.
Court membership
	Chief Justice John Roberts Associate Justices Clarence Thomas · Stephen Breyer; Samuel Alito · Sonia Sotomayor; Elena Kagan · Neil Gorsuch; Brett Kavanaugh · Amy Coney Barrett

Egbert v. Boule (Docket 21–147) is a pending United States Supreme Court case related to Bivens v. Six Unknown Named Agents.

Background

Robert Boule is the owner of "Smuggler's Inn", a bed-and-breakfast in Blaine, Washington, near the American—Canadian border. Boule alleged that Erik Egbert, a United States Border Patrol agent, unlawfully harassed him during a visit to the inn, and later retaliated against him by reporting him to the Internal Revenue Service. The district court ruled for Egbert, finding that the Supreme Court had held Bivens could not be extended to First Amendment retaliation claims or Fourth Amendment claims touching on immigration issues. A panel of the United States Court of Appeals for the Ninth Circuit reversed. Twelve judges dissented from the denial of rehearing en banc, in opinions authored by Judges John B. Owens, Daniel Bress, and Patrick J. Bumatay.

Boule subsequently filed a petition for a writ of certiorari.[1]

Supreme Court

Certiorari was granted in the case on November 5, 2021, limited to the first two questions presented. The Court declined to consider the question of whether Bivens should be completely overruled.

References

Howe, Amy (November 5, 2021). "Justices add four new cases to their docket, including Bivens case, but won't reconsider Bivens itself". SCOTUSblog. Retrieved December 2, 2021.

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[1] Howe, Amy (November 5, 2021). "Justices add four new cases to their docket, including Bivens case, but won't reconsider Bivens itself". SCOTUSblog. Retrieved December 2, 2021.