Hernandez v. Mesa, Jr., No. 12-50217 (5th Cir. 2018)Annotate this Case
Following remand from the United States Supreme Court, the Fifth Circuit held that this case was not a garden variety excessive force case against a federal law enforcement officer. Plaintiffs alleged that a law enforcement agent used deadly force without justification against a fifteen year old boy, violating the Fourth and Fifth Amendments, when they fatally shot him across the United States-Mexico border. At issue was whether federal courts have the authority to craft an implied damages action for alleged constitutional violations in this case under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999 (1971). The court noted that no federal statute authorizes a damages action by a foreign citizen injured on foreign soil by a federal law enforcement officer under these circumstances. The court held that the transnational aspect of the facts presented a "new context" under Bivens, and numerous "special factors" counseled against federal courts' interference with the Executive and Legislative branches of the federal government. Therefore, the court affirmed the district court's dismissal of the case.
This opinion or order relates to an opinion or order originally issued on June 30, 2014.