will be acceptable of the US Secret Service. The Secret Service while on protective duty can do what they want to a citizen and nothing can be done about it. There will be no such thing as a Bivens type claim where it concerns the Secret Service where the end result is a “bad” or false arrest.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
But, where there is uncertainty concerning the state of the law, it should be heard before the court to decide, not just let go.