In recent decision, the US Supreme Court has made it more difficult to individually sue federal agents that violate constitutional rights, holding that the Constitution does not allow an inherent right to sue federal agents. The court limited the 1971 case, Bivens v Six Unknown Named Agents, that previously established grounds for lawsuits pertaining to violations of the Fourth Amendment, which protects citizens against unlawful search and seizure. This decision does not eliminate the right to sue the agency, but it does forbid lawsuits against individual agents on constitutional grounds. The Civil Rights Act of 1871 still allows citizens to sue states for deprivations of constitutional rights.
Associate Justice Clarence Thomas wrote, “Congress is better positioned” to establish grounds for a lawsuit.
Source: US Supreme Court curtails right to sue federal agents – JURIST – News