Supreme Court rules for Border Patrol agent in suit filed by Mexican family over cross-border shooting
Added 02-25-20 12:29:01pm EST - “A divided? Supreme Court ruled Tuesday in favor of a Border Patrol agent who faced a lawsuit from? parents of a Mexican child he killed in a June 2010? cross-border shooting.?” - Foxnews.com
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A divided Supreme Court ruled Tuesday in favor of a Border Patrol agent who faced a lawsuit from parents of a Mexican child he killed in a June 2010 cross-border shooting.
Jesus Mesa Jr. and the parents of 15-year-old Sergio Adrián Hernández Güereca gave different accounts of what happened, with the parents claiming the teen and his friends were playing a game where they ran back and forth across the border, and Mesa claiming they threw rocks at him during an illegal border-crossing attempt. The Supreme Court's 5-4 ruling said that regardless of the circumstances, precedent regarding lawsuits against officers, known as "Bivens claims," does not apply to cross-border shootings.
"As we have made clear in many prior cases," Justice Samuel Alito wrote in his opinion, "the Constitution’s separation of powers requires us to exercise caution before extending Bivens to a new 'context,' and a claim based on a cross-border shooting arises in a context that is markedly new."
In the 1971 opinion Bivens v. Six Unknown Fed. Narcotics Agents, the Supreme Court held that a person claiming they were unlawfully arrested and searched could bring a lawsuit under the Fourth Amendment, even if there was no statutory basis for it. In Tuesday's opinion, Alito noted the high standard of extending Bivens to a "new context" and gave several reasons why it was inappropriate in this case.
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