Tossed out

Lower courts routinely cite the Supreme Court’s Egbert ruling in throwing out Bivens claims.

Waffle chart showing one square for each of the 228 cases in the year following the Supreme Court’s Egbert ruling that cited the case in deciding whether a Bivens claim could proceed. Of all 228 cases, lower court judges through out 86% (195 cases). A second waffle chart highlights just the 16 cases raising border or immigration issues; of those, 94% (15 cases) were thrown out.

Case decided for the government

Case decided for the plaintiff

Among 16 cases involving CBP

or ICE agents, 94% (15) were

thrown out...

Among all 228 cases, 86%

(195 cases) were thrown out...

... and 14% (33 cases) were

decided for the plaintiff

... and one was decided for

the plaintiff

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Case decided for the government

Case decided for the plaintiff

Among all 228 cases, 86%

(195) were thrown out...

Among 16 cases involving CBP

or ICE agents, 94% (15) were

thrown out...

... and 14% (33 cases) were

decided for the plaintiff

... and one was decided for

the plaintiff

Case decided for the government

Case decided for the plaintiff

Among all 228 cases, 86% (195 cases) were

thrown out...

Among 16 cases involving CBP or ICE agents,

94% (15) were thrown out...

... and 14% (33 cases) were decided for the plaintiff

... and one was decided for the plaintiff