Defenseless Constitutional Violations: Egbert v. Boule and the End of Bivens
Bibliographic record
Abstract
The case of Robert Boule, the owner of a bed-and-breakfast near the US-Canada border, highlights his constant involvement with the US Customs and Border Protection. Boule accused Customs and Border Patrol Agent Erik Egbert of misconduct after Egbert refused to leave his property and became violent. Boule filed a civil action against Egbert, alleging violations of the Fourth Amendment (excessive use of force) and the First Amendment (unlawful retaliation). Boule needed the district court to recognize new damages actions for each alleged violation, but the court declined. On appeal, the court of appeals extended the Bivens ruling, only to be reversed by the Supreme Court in Egbert v. Boule (2022), which held that Bivens does not apply to Boule's claims. This decision reflects the Supreme Court's reluctance to recognize new causes of action for constitutional violations, effectively limiting individuals' access to remedies for rights violations. Egbert's case signifies a significant setback for Bivens, potentially leaving victims of constitutional violations defenseless.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.000 | 0.008 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".