Hernandez v. Mesa

Basic backstory: Sergio Adrián Hernández Güereca, age 15, was near the US-Mexican border with his friends. After US Border Patrol agent Jesus Mesa detained one of Hernandez’s friends, Hernandez ran back to Mexican territory. Mesa then fired two shots at Hernandez from US territory, one of which hit Hernandez’s face and killed him. Hernandez’s family claimed that Hernandez and his friends were playing a simple game by the US-Mexican border, where they would run to the border fence, touch it, and run back. However, Mesa alleged that Hernandez and his friends threw rocks at him. 

Hernandez’s parents filed a lawsuit claiming that Mesa had violated Hernandez’s Fourth and Fifth Amendment rights. 

Issue: Should federal courts recognize a damages claim under Bivens if plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established Fourth and Fifth Amendment rights for which there is no alternative legal remedy?

Majority Opinion Reasoning: No, Bivens does not extend to this case (Mesa won). Justice Samuel Alito delivered the opinion for a 5-4 majority. Bivens recognized an implied cause of action (aka private parties can file lawsuits) against federal government officials who have violated the plaintiff’s Fourth Amendment rights. To extend Bivens, a court must ask: (1) whether the claim arises in a “new context” or involves a “new category of defendants,” and if so, then (2) whether there are “special factors” that weigh against extending Bivens to that type of claim.The court answered: (1) yes, the “new context” is the cross-border shooting, and (2) yes, there are three “special factors” that weigh against extending Bivens: (1) because the case involved a cross-border shooting, the case implicates foreign relations and is thus out of reach for the Court, (2) extending Biven in this case could run the risk of undermining border security and the military discipline, and (3) Congress has a history of declining to recognize a damages award against federal officials who cause injury outside U.S. borders. 

Questions: 

1. What are the political implications of Hernandez v. Mesa? 
2. Name some legal influences in the court decision. 
3. Describe an action that by the public that could limit the impact of Hernandez v. Mesa.

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