Hernández v. Mesa
The Court Says a Lower Court Should Reconsider Whether Foreign Nationals Can Sue After a Cross-Border Shooting
Hernández v. Mesa was featured in Border Shootings, Supreme Court Debates (April 2017). The following is excerpted from the per curiam [unsigned, delivered in the name of the Court] opinion, as prepared by the Court Reporter of Decisions. The Court turns first to the Bivens [v. Six Unknown Named Agents (1971)] question, which is “antecedent” to the other questions presented. — Wood v. Moss (2014). In Bivens, this Court “recognized for the first time an implied right of action for damages against Federal officers alleged to have violated a citizen’s constitutional rights.” — Correctional Services Corp. v. Malesko (2001). A…
