Lower Court Holding in Hernández v. Mesa
Decision of the Fifth Circuit U.S. Court of Appeals
We rehear this matter en banc to resolve whether, under facts unique to this or any other circuit, the individual defendants in these consolidated appeals are entitled to qualified immunity. Unanimously concluding that the Plaintiffs fail to allege a violation of the Fourth Amendment, and that the Fifth Amendment right asserted by the Plaintiffs was not clearly established at the time of the complained-of incident, we affirm the judgment of dismissal. We hold that pursuant to United States v. Verdugo-Urquidez (1990), Hernández, a Mexican citizen who had no “significant voluntary connection” to the United States and who was on Mexican…
