However, the Bivens decision was based on a limited application of the Fourth Amendment to protect from illegal search and seizure, and since Bivens was decided, the Supreme Court has generally denied extending that decision to cover other causes of actions on the basis that only Congress could otherwise establish a pathway for such remedies.

[1] Robert Boule is the owner of "Smuggler's Inn", a bed-and-breakfast in Blaine, Washington, near the Canada–United States border.

Part of Boule's property extended into Canada, which allowed for illegal crossing of the border as well as a route for contraband.

Boule alleged that Egbert had used a show of force and unlawfully harassed him during the visit to the inn and later retaliated against him by reporting him to the Internal Revenue Service.

Thomas wrote that under Bivens, only Congress could authorize a damage remedy for either asserted First or Fourth Amendment violations for cases against federal agents, and cautioned from allowing the court to expand beyond the limited cases that Bivens allowed for.