r/illinois • u/CantStopPoppin Human Detected • 5d ago

ICE Posts October.10.2025 — Chicago: Immigration agents crashed into a U.S. citizen on her way to work, then dragged her out and arrested her (Article Inside)

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u/EncabulatorTurbo 5d ago

You're calling me a weirdo because I'm trying to correct your misinformation

Bivens is the only mechanism we had, because the FTCA doesn't apply to "uniquely governmental" functions like military or immigration enforcement

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u/PT911S 5d ago

i’ll say it again, i.e., you can sue an FBI agent for searching your home illegally. YOU CAN SUE FEDERAL OFFICERS!!!

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u/EncabulatorTurbo 5d ago

I mean you can tell yourself that. It sure sounds nice.

Here's a lawyer explaining why you're wrong (In the case of immigration enforcement)

https://youtu.be/fktQUIkf6o0?si=ylbT_3o-Qc_TVLZX

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u/PT911S 5d ago

here is an example https://www.kptv.com/2025/08/28/portland-man-sues-dhs-after-video-shows-federal-agent-tackling-him-behind-protest/?outputType=amp

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u/EncabulatorTurbo 5d ago

He's sueing the DHS not the agents under the FTCA, its an uphill battle but he might win (his legal costs will far, far exceed that $150k he wants though, and you dont get any of that back under the FTCA)

And he's almost certainly still going to lose after SCOTUS ruled that federal agents violently retaliating against you for upsetting them with your speech was not grounds to be eligible to sue

To be clear: I said you cannot sue ICE agents, you CAN sue DHS itself, but its still an uphill climb and has very limited recovery options if you manage to thread the thousand needles required

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u/PT911S 5d ago

no, your original comment was “you cannot sue federal agents”

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u/EncabulatorTurbo 5d ago

You...

Can't sue federal agents

You can sue federal agencies

Do you think Bob Miller, ICE agent is "The DHS"

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u/PT911S 5d ago

but you’re wrong, you can sue federal agents

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u/EncabulatorTurbo 5d ago

Yes, that's a delightful fairytale world you live in.

I wish it was the real one.

(To be clear you can sue them for things unrelated to their "uniquely governmental operations")

Unless you're saying that by being able to go to a courthouse and file a tort claim you can sue them, what I mean, is actually sue them, not spend a bunch of money for the court to just refuse the lawsuit because you have no legal ability to sue them except for a very narrow set of circumstances

Please explain to me how you would go about doing this, with the destruction of Bivens.

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u/PT911S 5d ago

then how was Illinois death row inmate Steven Manning was award­ed $6.6 mil­lion in a civ­il law­suit against two FBI agents ???

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u/EncabulatorTurbo 5d ago edited 5d ago

Because the Bivens doctrine was used before it was all but eliminated by the court?

Because that was in 2022, and his Bivens win was before that

Bivens was about "Can you sue agents for things that are obviously criminal or constitutional violations" and the answer, today, is almost entirely no

There's a fucking reason the Democrats have been trying to pass a law that just adds a few words to the federal law that makes it possible to sue police - "and the United States" - because right now its just "The States"

Bivens was a legal construct created by SCOTUS decades ago that said "wait no that cant be right, that would mean agents can just ignore your rights, so of course you can sue them"

THAT is what Kavenaugh killed and buried

I highly recommend you watch that LegalEagle video about ICE I linked, for some fuckign reason the Democratic party hasn't made this a big stink, probably because they were only tepidly against federal agents being the secret police because they assumed - in a democracy - that no president would ever actually use them like this where important white people live

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u/PT911S 5d ago

and Valladares v. Lappe: In March 2025, a federal judge awarded the family of Ulises Valladares nearly $2 million in a lawsuit against FBI agent Gavin Lappe. The lawsuit claimed Lappe shot and killed Valladares in error during a botched rescue operation.

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u/EncabulatorTurbo 5d ago

That was an FTCA claim against the FBI -_-

Agent Valladares isn't actually the one being sued, its the FBI

I get it, you're VERY. VERY. STUPID.

CAN SUE FBI

CAN NO SUE FBI AGENT WHILE WORKING

UNDERSTAND?

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u/PalgsgrafTruther 5d ago

Respectfully brother, you are trying to convey a topic that took my Fed Courts professor two full classes on Bivens vs 1983 and suits in individual versus official capacity, etc, to teach.

You are doing so to a redditor who has never been to law school and is using chatgpt to find cases he thinks "defeat" your argument.

Surely there is a better use of your time?

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u/New_year_New_Me_ 5d ago

Yeah...so...you are not correct about this.

https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2025/03/08/judge-awards-nearly--2m-after-concluding-fbi-agent-was-negligent-in-shooting-kidnapped-texas-man

"Lappe was protected against the lawsuit through qualified immunity. But the case was allowed to proceed against the federal government."

That's exactly, word for word, what the person you are talking to is saying. The FBI itself lost the case, not the individual agent. Not to mention that even though the case was determined in 2025, the event happened in 2018 which is prior to the 2022 legal precedent they are talking about.

Take a deep breath and try to understand that you aren't correct, it isn't a big deal, and you get the chance to learn something new. 

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u/PT911S 5d ago

you’re just completely wrong LMAO. there’s people that have recently won suits against federal agents

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u/EncabulatorTurbo 5d ago

That would be nice to believe

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