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Supreme Court Holds Private Citizens Can’t Sue Border Patrol for Damages in Excessive Force Claims

Supreme Court Holds Private Citizens Can’t Sue Border Patrol for Damages in Excessive Force Claims
Supreme Court Justice Clarence Thomas at the Supreme Court building in Washington on June 1, 2017. Jonathan Ernst/Reuters
Matthew Vadum
Matthew Vadum
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A U.S. Border Patrol agent in Washington state cannot be personally sued in the federal court system for damages resulting from a claim of illegal retaliation and excessive force made by a private citizen, the Supreme Court ruled in a unanimous decision on June 8.

The Biden administration argued that the threat of liability would interfere with Border Patrol agents doing their jobs. The Supreme Court agreed, overturning a decision of the often-reversed U.S. Court of Appeals for the 9th Circuit that had allowed the lawsuit to move forward.