Tag Archives: Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics

‘Endangers Us All’: Supreme Court Ruling Shields Border Agent From Excessive Force Lawsuit

The ruling leaves thousands of Border Patrol agents “absolutely immunized from liability,” said Justice Sonia Sotomayor, “no matter how egregious the misconduct or resultant injury.”

By Julia Conley   Published 6-9-2022 by Common Dreams

ERO Cross Check 2017. Photo: ICE/flickr/public domain

A ruling by the right-wing majority on the U.S. Supreme Court Wednesday “will have far-reaching consequences” for people who accuse federal agents of violating their constitutional rights, the ACLU warned after the court ruled against a man who wanted to sue a U.S. Border Patrol agent who entered his property without a warrant and used excessive force.

The court ruled 6-3 in Egbert v. Boule that Congress must decide whether the plaintiff can sue the government over the alleged violation of his rights—a decision which Justice Sonia Sotomayor wrote in her dissenting opinion threatens to block nearly all civil suits against federal agents. Continue reading

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Claims That ICE Agents Were ‘Just Following Orders’ Won’t Save Them From Liability for Children’s Suffering, Legal Scholars Warn

“While such employees may say they were ‘just following orders,’ their highest command is to uphold the Constitution. This overrides any contrary decision from ICE or even Trump himself.”

By Julia Conley, staff writer for Common Dreams. Published 7-11-2018

Screenshot: Fox News

A new report finds that individual Immigration and Customs Enforcement (ICE) agents could be held personally liable for the suffering of families and children under the Trump administration’s “zero tolerance” immigration policy—and warns that the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court could harm the chance of anyone being held accountable for the forcible separation of families.

U.S. District Judge Dana Sabraw’s order that the government reunite all children under the age of five with their parents went largely unheeded yesterday, as the court-imposed deadline passed with fewer than half of the children being returned to their families. Continue reading

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