[20191107]LSB10361_边界处的比文：最高法院将考虑跨境枪击案能否继续进行.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Bivens at the Border: Supreme Court to Consider Whether Cross-Border Shooting Case Can Proceed November 7, 2019 On November 12, 2019, the Supreme Court is scheduled to hear oral argument in Hernndez v. Mesa, a case arising from the fatal shooting across the United States-Mexico border of 15-year-old Mexican national Sergio Adrian Hernndez Gereca by Customs and Border Protection Officer Jesus C. Mesa Jr. The victims family brought suit seeking money damages pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a 1971 Supreme Court decision holding that federal officers may be sued for certain constitutional violations despite the absence of a statutory cause of action. However, the Court has indicated in the decades following Bivens that this relief is only available in narrow factual circumstances. In its 2017 decision, Ziglar v. Abbasi, the Court appears to shut the door on recognizing new situations, raising questions over the availability of a remedy for constitutional violations by federal officials. Hernndez raises a number of legal issues with significant i