U.S. Supreme Court,
International Law,
Immigration,
Civil Litigation
Mar. 4, 2020
Cross-border shooting ruling locks victims out of court
In a ruling last week, the Supreme Court said it considered Congress to be in the best position to evaluate federal official liability, given that judge-made constitutional tort liability had become a disfavored remedy.
William Slomanson
Distinguished Professor Emeritus
Thomas Jefferson School of Law
Email: bills@tjsl.edu
Agent Jesus Mesa Jr. fired the fatal face shot across the border between El Paso, Texas and Ciudad Juarez, Mexico, killing Sergio Adrián Hernández Güereca. The targeted 15-year-old had thrown rocks at him. Lower federal courts had reached conflicting results on the issue of whether parents could bring a civil damage claim against the agents who shot their teen-aged sons in two unrelated incidents. Last week's 5-4 Supreme Court decision buried the Hernandez family's cl...
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