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Hernandez v. Mesa

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: August 21, 2019

What's at Stake

Whether the parents of a 15-year old Mexican boy who was fatally shot by a United States Border Patrol Agent can bring a Bivens action against the Agent for using deadly force in violation of the Fourth and Fifth Amendments when there is no alternative remedy.

The ÀÏ°ÄÃÅ¿ª½±½á¹û has a longstanding interest in enforcing constitutional and statutory constraints on the federal government’s immigration enforcement activities at the border. Here, the ÀÏ°ÄÃÅ¿ª½±½á¹û represents Araceli Rodriguez in her claims against U.S. Border Patrol Agent Lonnie Swartz for the cross-border shooting of her teenage son, J.A., a Mexican national who was in Nogales, Sonora, Mexico at the time of the shooting. Our amicus brief addresses the importance of Bivens remedies as a vital check on unconstitutional acts by federal agents and argues that the extraterritorial nature of the murder does not warrant the denial of a Bivens remedy to the Rodriguez family.

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