The U.S. Supreme Court heard oral arguments yesterday in a case that asks whether a U.S. citizen who was allegedly victimized by the unconstitutional actions of a federal Border Patrol agent may sue that agent for damages in federal court. Alas, it looks like the agent has a good chance of prevailing over the citizen.
The case is Egbert v. Boule. It centers on the application of a 1971 Supreme Court precedent, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, which allowed a man to sue federal drug cops for using excessive force against him in violation of the Fourth Amendment.
