It’s the latest in a line of cases narrowing the public’s ability to sue federal officials for rights violations.
“Congress is better positioned to create remedies in the border-security context, and the Government already has provided alternative remedies that protect plaintiffs like Boule,” Justice Clarence Thomas wrote.
All nine of the court’s justices agreed that Boule shouldn’t be able to pursue his retaliation claims, but the court’s three liberal justices said he should have been able to pursue his excessive force claims, saying the facts of the case were very similar to the case the court decided in 1971. Greg Boos, a lawyer for Boule, called the decision a “hatchet job” that he said was full of factual misrepresentations and distortions that are “incredibly disappointing.” “This leaves us without any protection from the Border Patrol as far as our constitutional rights go,” Boos said.
Boule has also served as a confidential informant for the U.S. government, and parts of documents filed in the high court case were redacted. Boule’s lawyers have said he has a “longstanding cooperative relationship with the U.S. government” and has alerted officials to people of interest.
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