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03-22-2017, 01:53 PM
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Oral Arguments in Supreme Court Case Hernandez V. Mesa
Sergio’s parents brought a Bivens action alleging that the Border Patrol agent is liable for using deadly force against Sergio in violation of the Fourth and Fifth Amendments. The case presents questions regarding the extraterritorial application of the Constitution, as well as qualified immunity and the availability of Bivens remedies, similar to those in Rodriguez v. Swartz, a cross-border shooting case being litigated by the ACLU and pending in the Ninth Circuit.
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