Legal Opinion

Jesus Hernandez v. Unknown Named Agents, et

Court of Appeals for the Fifth Circuit

Decided April 24, 2015No. 11-50792, 12-50217, 12-50301PublishedCited by 50 opinions

1Per curiam

We rehear this matter en banc, see Hernandez v. United States, 771 F.3d 818 (5th Cir.2014) (per curiam) (on petitions for rehearing en banc), to resolve whether, under facts unique to this or any other circuit, the individual defendants in these consolidated appeals are entitled to qualified immunity. Unanimously concluding that the plaintiffs fail to allege a violation of the Fourth Amendment, and that the Fifth Amendment right asserted by the plaintiffs was not clearly established at the time of the complained-of incident, we affirm the judgment of dismissal.

The facts and course of…

2Cases cited46 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Zadvydas v. DavisSupreme Court of the United States · 2001
  5. Albright v. OliverSupreme Court of the United States · 1994

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3Cited by50 opinions

  1. Hernandez v. MesaSupreme Court of the United States · 2020
  2. Hernandez v. MesaSupreme Court of the United States · 2017
  3. Peggy Shumpert v. City of Tupelo, MississipCourt of Appeals for the Fifth Circuit · 2018
  4. George Alvarez v. City of BrownsvilleCourt of Appeals for the Fifth Circuit · 2018
  5. Santiago Alvarez v. U.S. Immigration and Customs EnforcementCourt of Appeals for the Eleventh Circuit · 2016

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