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Justices to Consider Further Limiting Suits Against U.S. Agents

Nov. 5, 2021, 8:49 PM

The Supreme Court agreed to consider whether claims that a U.S. Border Patrol agent violated an innkeeper’s constitutional rights can go forward, in a case that could further limit the availability of so-called Bivens actions.

In 1971, the Supreme Court created such actions against federal officials, even though federal statute only allows suits against state officials.

Recently, however, the court has been pulling back on that doctrine, refusing to extend the doctrine to high-level executive branch officials alleged to be responsible for the unconstitutional detention of immigrants following the September 11 terrorist attacks and to a Border Patrol agent who ...

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