[20200226]LSB10135_跨境枪击是否有责任？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Is There Liability for Cross-Border Shooting? Updated February 26, 2020 Update: On February 25, 2020, the Supreme Court affirmed the decision of the Fifth Circuit, holding that the Bivens theory cannot be extended to encompass an implied-cause-of-action for cross-border shooting claims. In 2010, a border patrol agent, standing in the United States, shot and killed a 15-year old Mexican boy standing across the border in Mexico. The Hernandezs parents sued. Last June, the Supreme Court returned the case to the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) for further legal proceedings. Hernandez v. Mesa. The Fifth Circuit has now ruled that the Hernandez family may not sue the border patrol agent under an implied-cause-of-action Bivens theory. Bivens refers to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, a 1971 case in which the Supreme Court held that a victim of an unconstitutional search and seizure enjoyed an implied cause of action against the offending agents for damages in the absence of any other legal remedy. In later cases, the Supreme Court has hesitat