Bivens Actions and a Federal Officer’s Civil Liability

• Federal Officers’ Civil Liability under a Bivens Action
• Fourth Amendment Use of Force and a Bivens Action
• Fifth Amendment Retaliation and a Bivens Action

The U.S. Supreme Court case of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics provides a non-statutory civil remedy to a U.S. citizen who alleges that a border patrol agent violated the Fourth Amendment by using excessive force while carrying out official duties within the United States.  Bivens also provides a remedy for a violation of the First Amendment when a border patrol agent engages in retaliation entirely unconnected to his official duties.

Plaintiff Robert Boule—a U.S. Citizen—owns, operates, and lives in a small bed and breakfast inn in Blaine, Washington.  His property backs up right to the ....