Buchanan v. Barr

In its amicus brief filed in Buchanan v. Barr with the U.S. Court of Appeals for the D.C. Circuit, the Institute for Justice, representing itself and the Foundation for Individual Rights and Expression, argues that Black Lives Matter D.C. and individual protesters should have a remedy under the Westfall Act for First, Fourth, and Fifth Amendment violations stemming from federal officials’ actions in forcibly clearing Lafayette Square in June 2020 during protests over George Floyd’s murder.

The brief contends that the district court erred in dismissing claims against former Attorney General William Barr and other federal officials, asserting that Congress preserved Bivens claims for constitutional violations like those alleged—tear-gassing and dispersing peaceful protesters in a public forum—when it passed the Westfall Act in 1988. Urging reversal of the dismissal, the brief emphasizes the need for accountability to protect constitutional rights when federal officials violate free speech unlawful seizures, and due process. Although the circuit court ultimately sided with the government, in separate concurrences two judges credited arguments advanced in IJ's brief.