Supreme Court of the United States · Official docket →
Erik Egbert v. Robert Boule
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35789 · judgment May 20, 2021
Before the decision, about 4.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Ninth Circuit decision below.
Questions presented
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Court recognized a cause of action under the Constitution for damages against Federal Bureau of Narcotics officers for alleged violations of the Fourth Amendment. The questions presented are:
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Whether a cause of action exists under Bivens for First Amendment retaliation claims.
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Whether a cause of action exists under Bivens for claims against federal officers engaged in immigration-related functions for allegedly violating a plaintiff’s Fourth Amendment rights.
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Whether the Court should reconsider Bivens. LIMITED TO QUESTIONS 1 AND 2 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Sarah Michelle Harris
Williams & Connolly LLP
For respondent
Felicia H. Ellsworth
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage · 18 merits
(18 supporting pet./neither)
Argument & decision
Argued March 2, 2022 — Sarah M. Harris · Felicia H. Ellsworth. Audio and transcript
Decided June 8, 2022. Opinion by Thomas.
Proceedings
- Jul 11 2022JUDGMENT ISSUED
- Jun 08 2022Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer and Kagan, JJ., joined.
- Mar 02 2022Argued. For petitioner: Sarah M. Harris, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Felicia H. Ellsworth, Boston, Mass.
- Feb 25 2022Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record GRANTED.
- Feb 25 2022Joint appendix revised redacted volume for the public record (filed 2/18/22). (Distributed)
- Feb 18 2022Motion to file respondent's brief on the merits under seal with redacted copies for the public record GRANTED.
- Feb 18 2022Redacted brief of respondent Robert Boule (filed 1/19/22). (Distributed)
- Feb 18 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Feb 18 2022Reply of petitioner Erik Egbert filed. (Distributed)
- Feb 18 2022Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record filed. (Distributed)
- Jan 26 2022Brief amici curiae of The DKT Liberty Project, et al. filed. (Distributed)
- Jan 26 2022Brief amici curiae of Project for Privacy & Surveillance Accountability and Protect the First Foundation filed. (Distributed)
- Jan 26 2022Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
- Jan 26 2022Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Jan 26 2022Brief amicus curiae of National Police Accountability Project filed. (Distributed)
- Jan 26 2022Brief amicus curiae of Roy Sargeant filed. (Distributed)
- Jan 26 2022Brief amici curiae of Council on American-Islamic Relations and Anas Elhady filed. (Distributed)
- Jan 26 2022Brief amicus curiae of Institute for Justice filed. (Distributed)
- Jan 26 2022Brief amicus curiae of Foundation for Individual Rights in Education filed. (Distributed)
- Jan 25 2022Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed. (Distributed)
- Jan 19 2022Motion to file respondent's brief on the merits under seal with redacted copies for the public record filed.
- Jan 18 2022Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
- Jan 18 2022Joint appendix redacted volume for the public record (file date of December 20, 2021). Note: revised redacted volume filed February 18, 2022.
- Jan 18 2022CIRCULATED
- Jan 18 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Dec 27 2021Brief amicus curiae of Professor Jennifer L. Mascott filed.
- Dec 27 2021Brief amicus curiae of Independent Women's Law Center filed.
- Dec 27 2021Brief amici curiae of Dee Farmer, et al. in support of neither party filed.
- Dec 27 2021Brief amicus curiae of Immigration Reform Law Institute filed.
- Dec 27 2021Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.
- Dec 27 2021Brief amicus curiae of National ICE Council filed.
- Dec 23 2021Brief amicus curiae of United States filed.
- Dec 22 2021Brief amicus curiae of National Border Patrol Council filed.
- Dec 20 2021Brief of petitioner Erik Egbert filed.
- Dec 20 2021Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record filed.
- Dec 17 2021ARGUMENT SET FOR Wednesday, March 2, 2022.
- Nov 05 2021Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
- Nov 05 2021Petition GRANTED limited to Questions 1 and 2 presented by the petition.
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 13 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021Waiver of the 14-day waiting period under Rule 15.5 filed.
- Oct 12 2021Reply of petitioner Erik Egbert filed. (Distributed)
- Oct 04 2021Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.
- Oct 04 2021Brief of respondent Robert Boule in opposition filed.
- Sep 02 2021Brief amicus curiae of Immigration Reform Law Institute filed.
- Aug 31 2021Brief amicus curiae of National Border Patrol Council filed.
- Aug 30 2021Brief amicus curiae of Independent Women's Law Center filed.
- Aug 10 2021Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
- Aug 09 2021Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.
- Jul 30 2021Petition for a writ of certiorari filed. (Response due September 2, 2021)