Immigration Law

CA9 on Border Shooting, Bivens, 4th Amendment: Rodriguez v. Swartz

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating the Fourth Amendment. Based on the facts alleged in the complaint, we hold that the agent violated a clearly established constitutional right and is thus not immune from suit. We also hold that the mother of the boy who was killed has a cause of action against the agent for money damages."

[Hats off to Sean Christopher Chapman (argued) and Lee Glernt (argued)!]