Supreme Court Has Made It Difficult to Sue Immigration Agents
Two fatal shootings by immigration agents during an enforcement blitz targeting Minneapolis spotlight a Supreme Court doctrine that has steadily narrowed, but not eliminated, families’ ability to seek damages for harms caused by federal officers.
The court has sharply limited the ability to make what’s known as a Bivens claim—a court-created cause of action to seek damages when federal officers violate constitutional rights.
With that channel essentially blocked, legal experts say, the best alternative for individuals or families of victims is seeking damages under the Federal Tort Claims Act. Local and state prosecutors can also bring charges under their state’s criminal laws, though both options face hurdles in surpassing certain exemptions and immunities for federal officers.
The scenarios highlight how judicial doctrines have made it “monumentally more difficult to use the federal courts to gain accountability for federal law enforcement and state law enforcement than it was 30 years ago,” said David Shapiro, executive director of the MacArthur Justice Center, which litigates law enforcement misconduct and other civil rights cases.
Still, the door isn’t completely shut, Shapiro said. “There is very much still a path in really egregious cases.”
https://news.bloomberglaw.com/us-law-week/supreme-court-has-made-it-difficult-to-sue-immigration-agents