Friday, November 5, 2021
SCOTUS Cert Grant on Bivens: Egbert v. Boule
Today the Supreme Court granted certiorari in Egbert v. Boule, which presents the following questions:
- Whether a cause of action exists under Bivens for First Amendment retaliation claims.
- 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.
(The Court did not grant cert on the third question presented, which asked the Court to “reconsider Bivens”).
You can find the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.
https://lawprofessors.typepad.com/civpro/2021/11/scotus-cert-grant-on-bivens-egbert-v-boule.html