DHS Agent Who Tried To Kill Kevin Byrd Can't Be Sued—Because He Works for the Feds

[Gondwanaland]

The old saying about how a prosecutor can get a Grand Jury to indict a ham sandwich springs to mind.

If they didn't indict then either we're not getting the whole or an accurate story. Or the prosecutor is incompetent. Or the prosecutor purposely flubbed it for whatever reason.

The latter, while not impossible, is far less likely.

The latter is the most likely, IMO. Can't be screwing up their future career by going after a fed.

[Cow Poke]

But wait, there's MORE!!!

Had Agent Lamb limited Byrd’s movements by brandishing his loaded gun in the First, Second, Third, Fourth, Sixth, Ninth, or Eleventh Circuits, Byrd would have been able to sue him directly under the Fourth Amendment. But because Agent Lamb acted in the Fifth Circuit, Byrd’s lawsuit was thrown out on the ground that a Bivens cause of action was not available to him. Pet. App. 7a.

This split of authority is the latest to arise out of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), in which this Court recognized a damages remedy for Fourth Amendment violations committed by federal police who unlawfully search or seize someone. Id. at 397. Although the Court has curtailed the Bivens remedy over the ensuing decades, in Ziglar v. Abbasi it reaffirmed that the remedy remains available to people harmed by “individual instances of * * * law enforcement overreach.” 137 S. Ct. 1843, 1862 (2017). In fact, the Court has gone as far as to specifically promise that, given the “necessity * * * of Bivens in the searchand-seizure context in which it arose” and given the “instruction and guidance to federal law enforcement officers” that it provides, a Bivens remedy would be “retain[ed] * * * in that sphere.” Id. at 1856–1857.

You can track the SCOTUS Docket here, and see all pertinent briefs, filings and petitions.

[rogue06]

The latter is the most likely, IMO. Can't be screwing up their future career by going after a fed.

[Gondwanaland]

Not in Texas. And not if it means you get law enforcement you worked with before now stonewalling you for doing it. It's a very incestuous relationship.

An interesting article on the topic: https://www.theguardian.com/us-news/...olice-killings