
Bivens-based civil suits are not to be extended beyond what has already been decided absent meeting some very stringent case law requirements.
Plaintiff Robert Boule—a U.S. Citizen—owns, operates, and lives in a small bed and breakfast, called “Smuggler’s Inn,” in Blaine, Washington. Blaine is the last town in the United States along U. S. Interstate Highway 5 before reaching the Canadian border. Boule’s property backs right up to the U.S.-Canadian border, and in fact extends some five feet into Canada itself. You can literally walk out the Smuggler’s Inn’s back door and, in a few more feet, walk into Canada. ....