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
William Slomanson is also the author of California Procedure in a Nutshell (5th ed. 2014).
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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