Legal Opinion · Concurring in the judgment
Hernandez v. Mesa
Court of Appeals for the Fifth Circuit
Decided March 20, 2018No. 12-50217PublishedCited by 41 opinions
1Concurring in the judgmentJames L. Dennis, Circuit Judge
In my view, we need not decide the difficult question of whether a Bivens remedy should be available under the circumstances of this case because, under Supreme Court precedent, Agent Mesa is entitled to qualified immunity. I find compelling the plaintiffs' arguments that Hernández was entitled to protections under the Fourth Amendment in light of Boumediene v. Bush , 553 U.S. 723, 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008), and the circumstances surrounding the border area where Mesa shot and killed him. See Hernandez v. Mesa , --- U.S. ----, 137 S.Ct. 2003, 2008-11, 198 L.Ed.2d 625 (2017)…
2Cases cited6 opinions
- Mullenix v. LunaSupreme Court of the United States · 2015
- Davis v. SchererSupreme Court of the United States · 1984
- Boumediene v. BushSupreme Court of the United States · 2008
- Hernandez v. MesaSupreme Court of the United States · 2017
- Jesus Hernandez v. Unknown Named Agents, etCourt of Appeals for the Fifth Circuit · 2015
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Egbert v. BouleSupreme Court of the United States · 2022
- Hernandez v. MesaSupreme Court of the United States · 2020
- Daniel Cantu v. James MoodyCourt of Appeals for the Fifth Circuit · 2019
- Ignacio Lanuza v. Jonathan LoveCourt of Appeals for the Ninth Circuit · 2018
- Anas Elhady v. Unidentified CBP AgentsCourt of Appeals for the Sixth Circuit · 2021
36 more not listed; retrieve them via the Exa API.