Lawrence Hurley

WASHINGTON, (Reuters) – The U.S. Supreme Court quashed a lawsuit filed by a Washington bed-and breakfast owner accusing a Border Patrol agent in civil rights violations following a violent encounter in 2014. This conservative majority also restricted the right to sue federal officials.

In a 6-3 decision, conservative Justice Clarence Thomas ruled that Robert Boule (owner of “Smuggler’s Inn”, a lodging facility in Blaine near the Canadian border) could not sue Erik Egbert because he used excessive force to violate the Fourth Amendment ban against unreasonable searches and seizures in the U.S Constitution.

It was composed of conservative justices and liberal judges. Egbert is accused of throwing Boule down after Boule’s innkeeper protested against the agent looking into the immigration status for a Turkish citizen staying at the bed-and breakfast.

A unanimous court also ruled that Boule cannot bring a separate claim under First Amendment’s free speech protection against Egbert accusing him of unlawfully reprising against him for complaining of his treatment by the agent.

This court overturned a ruling of the San Francisco-based 9th U.S. in 2021. Circuit Court of Appeals had ruled in favor of Boule and allowed the 2017 case to go ahead.

It was one of many rulings that the Supreme Court made that limited federal officials’ ability to be sued individually by civil rights violators. Bivens (v. Six Unknown Named Agents) is the latest case in which the Supreme Court has not overturned that precedent.

Thomas stated that Congress should decide when federal officials may be sued. He also noted that there was “no shortage” of critics to the 1971 ruling.

Similar to the previous ruling, the 2020 court ruled that no Border Patrol agent can be sued after fatally shooting a Mexican teenage standing on Mexican soil.

According to the ruling, federal agents were aware that Boule’s bed-and breakfast would serve as a refuge for illegal crossers. Boule offered a shuttle to the border and charged for lodging, even though guests didn’t plan on staying. He also often informed agents about those who stayed with him. A personalized plate on his car read “SMUGLER”

Boule was found guilty in Canada, 2021 of helping to smuggle persons into Canada.

Boule informed Egbert of a Turkish guest at a bed-and breakfast in 2014. This was the 2014 incident. Egbert was there to confirm the guest’s immigrant status. Boule demanded that Egbert leave, which led to a physical altercation, in which Egbert is accused of pushing Boule down onto a car and pushing his body to the ground.

Egbert, who was charged with asking U.S. authorities including the Internal Revenue Service for information about Boule in an investigation that led to Boule’s retaliation claim against the innkeeper, was accused.

Liberal Justice Sonia Sotomayor expressed disapproval that excessive force claims should be allowed in accordance with existing precedent.

Sotomayor said that the court “goes to extraordinary lengths” to prevent this outcome. He also stated Wednesday’s ruling will stop civil rights lawsuits filed by “many people who will be suffering serious constitutional violations at their hands by federal agents.”