LexisNexis® Legal Newsroom
CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a Bivens action in this specific context in which an...