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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...

CA4, En Banc, on Bivens for Border Killing: Hernandez v. Mesa

Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED." Dissent : "Today’s en banc majority...