The Supreme Court heard oral arguments Wednesday in Egbert v. Boule, determining whether to allow a case to proceed against a Border Patrol agent accused of using excessive force during a search at an inn located south of the U.S.-Canada border.
Justices deliberated over what legal recourse is available, if any, to a bed-and-breakfast owner who alleges the federal agent violated his constitutional rights in 2014. The case marks the most recent attempt to allow an extension to Bivens v. Six Unknown Named Agents claims, a reference to a 1971 high court case in which justices found an implied cause of action against federal officials who violate constitutional rights.
The Justice Department defended the Border Patrol and argued that allowing agents to be held liable would present a chilling effect that could damage the security relationship with Canada at the border. An attorney for Egbert argued that at the time, the agent was suspicious about the legal status of one guest at Boule's inn.
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