No. 21-147
Tags: bivens bivens-doctrine civil-rights constitutional-damages federal-officer-liability first-amendment first-amendment-retaliation fourth-amendment immigration immigration-enforcement reconsider-bivens
Key Terms:
FirstAmendment FourthAmendment DueProcess Immigration
FirstAmendment FourthAmendment DueProcess Immigration
Latest Conference:
2021-11-05
(distributed 2 times)
Question Presented (AI Summary)
Whether a Bivens cause of action exists for First Amendment retaliation
Question Presented (OCR Extract)
QUESTIONS PRESENTED In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Court recognized a cause of action under the Constitution for damages against Federal Bureau of Narcotics officers for alleged violations of the Fourth Amendment. The questions presented are: 1. Whether a cause of action exists under Bivens for First Amendment retaliation claims. 2. 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. 3. Whether the Court should reconsider Bivens. (TD)
Docket Entries
2022-07-11
JUDGMENT ISSUED
2022-06-08
Judgment REVERSED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer and Kagan, JJ., joined.
2022-03-02
Argued. For petitioner: Sarah M. Harris, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Felicia H. Ellsworth, Boston, Mass.
2022-02-25
Joint appendix revised redacted volume for the public record (filed 2/18/22). (Distributed)
2022-02-25
Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record GRANTED.
2022-02-18
Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record filed. (Distributed)
2022-02-18
Reply of petitioner Erik Egbert filed. (Distributed)
2022-02-18
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2022-02-18
Redacted brief of respondent Robert Boule (filed 1/19/22). (Distributed)
2022-02-18
Motion to file respondent's brief on the merits under seal with redacted copies for the public record GRANTED.
2022-01-26
Brief amicus curiae of Institute for Justice filed. (Distributed)
2022-01-26
Brief amici curiae of The DKT Liberty Project, et al. filed. (Distributed)
2022-01-26
Brief amici curiae of Project for Privacy & Surveillance Accountability and Protect the First Foundation filed. (Distributed)
2022-01-26
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
2022-01-26
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2022-01-26
Brief amicus curiae of National Police Accountability Project filed. (Distributed)
2022-01-26
Brief amicus curiae of Roy Sargeant filed. (Distributed)
2022-01-26
Brief amici curiae of Council on American-Islamic Relations and Anas Elhady filed. (Distributed)
2022-01-26
Brief amicus curiae of Foundation for Individual Rights in Education filed. (Distributed)
2022-01-25
Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed. (Distributed)
2022-01-19
Motion to file respondent's brief on the merits under seal with redacted copies for the public record filed.
2022-01-18
Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
2022-01-18
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2022-01-18
CIRCULATED
2022-01-18
Joint appendix redacted volume for the public record (file date of December 20, 2021). Note: revised redacted volume filed February 18, 2022.
2021-12-27
Brief amicus curiae of National ICE Council filed.
2021-12-27
Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.
2021-12-27
Brief amicus curiae of Immigration Reform Law Institute filed.
2021-12-27
Brief amici curiae of Dee Farmer, et al. in support of neither party filed.
2021-12-27
Brief amicus curiae of Independent Women's Law Center filed.
2021-12-27
Brief amicus curiae of Professor Jennifer L. Mascott filed.
2021-12-23
Brief amicus curiae of United States filed.
2021-12-22
Brief amicus curiae of National Border Patrol Council filed.
2021-12-20
Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record filed.
2021-12-20
Brief of petitioner Erik Egbert filed.
2021-12-17
ARGUMENT SET FOR Wednesday, March 2, 2022.
2021-11-05
Petition GRANTED limited to Questions 1 and 2 presented by the petition.
2021-11-05
Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
2021-11-01
DISTRIBUTED for Conference of 11/5/2021.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-10-12
Reply of petitioner Erik Egbert filed. (Distributed)
2021-10-12
Waiver of the 14-day waiting period under Rule 15.5 filed.
2021-10-04
Brief of respondent Robert Boule in opposition filed.
2021-10-04
Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.
2021-09-02
Brief amicus curiae of Immigration Reform Law Institute filed.
2021-08-31
Brief amicus curiae of National Border Patrol Council filed.
2021-08-30
Brief amicus curiae of Independent Women's Law Center filed.
2021-08-10
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
2021-08-09
Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.
2021-07-30
Petition for a writ of certiorari filed. (Response due September 2, 2021)
Attorneys
American Civil Liberties Union, American Civil Liberties Union of Washington, Cato Institute, Roderick & Solange Macarthur Justice Center, National Immigration Litigation Alliance, and Northwest Immigrant Rights Project
Constitutional Accountability Center
Council on American-Islamic Relations and Anas Elhady
Lena Fatina Masri — CAIR Legal Defense Fund, Amicus
Lena Fatina Masri — CAIR Legal Defense Fund, Amicus
Dee Farmer, Marcellas Hoffman, Chrissy Shorter, and Donald Snowden
David Meir Zionts — Covington & Burlington LLP, Amicus
David Meir Zionts — Covington & Burlington LLP, Amicus
Erik Egbert
Sarah Michelle Harris — Williams & Connolly LLP, Petitioner
Sarah Michelle Harris — Williams & Connolly LLP, Petitioner
Former U.S. Attorneys General John D. Ashcroft, William P. Barr, Alberto R. Gonzales, Edwin Meese III, Michael B. Mukasey, and Jefferson B. Sessions III
Steven Andrew Engel — Dechert LLP, Amicus
Steven Andrew Engel — Dechert LLP, Amicus
Foundation for Individual Rights in Education
Immigration Reform Law Institute
National Border Patrol Council
Jim Ernest Calle — Law Office of Jim E. Calle, Amicus
Jim Ernest Calle — Law Office of Jim E. Calle, Amicus
National ICE Council
National Police Accountability Project
Professor Jennifer L. Mascott
Project for Privacy & Surveillance Accountability and Protect the First Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Reporters Committee for Freedom of the Press and 34 Media Organizations
Roy Sargeant
The DKT Liberty Project, et al.
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Elizabeth B. Prelogar — Solicitor General, Amicus