Peter Thomson Discusses Hernandez v. Mesa on SCOTUScast
Peter Thomson provides a review of oral arguments in the Supreme Court case Hernandez v. Mesa on the SCOTUScast, which is hosted by The Federalist Society. The case arises from a cross-border shooting on the U.S.-Mexican border in which a U.S. Border Patrol Agent shot and killed a teenage Mexican national. Although the teenager was not standing on American soil at the time he was shot, his family filed suit against the Agent and the federal government based on the Supreme Court's decision in Bivens v. Six Unknown Named Agents, which held that a federal agent can be found liable in damages under the Fourth Amendment for committing an unconstitutional search and seizure. The central issue is whether the family can recover damages in a Bivens action for the killing of their son. A copy of the recording can be found here.