U.S. Supreme Court,
Immigration,
Criminal,
Constitutional Law,
Civil Litigation
Mar. 10, 2020
High court ruling will allow egregious misconduct to go unchecked
In Hernández v. Mesa, decided Feb. 25, the U.S. Supreme Court decimated Bivens. What changed in the past 50 years?
Ethan D. Dettmer
Partner
Gibson, Dunn & Crutcher LLP
Phone: 415-393-8200
Email: edettmer@gibsondunn.com
Univ of Michigan Law Sch; Ann Arbor MI
Joshua S. Lipshutz
Partner
Gibson, Dunn & Crutcher LLP
1050 Connecticut Ave NW
Washington , DC 20036
Phone: (202) 955-8217
Email: jlipshutz@gibsondunn.com
Stanford Univ Law School; Stanford CA
Eli M. Lazarus
Associate
Gibson Dunn & Crutcher LLP
Phone: (415) 393-8200
Email: ELazarus@gibsondunn.com
In 1965, Webster Bivens was wrongly arrested in his New York home, in front of his family. The U.S. Supreme Court found that conduct so egregious that it held that Mr. Bivens could pursue a claim for damages against the federal officers who violated his constitutional rights by arresting him.
Half a century later, a U.S. border guard standing in Texas shot and killed a 15-year-old boy, Sergio Adrián Hernández Güereca, who was playin...
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