Tuesday, May 28, 2019

SCOTUS Cert Grant on Bivens: Hernandez v. Mesa Take 2

Today the Supreme Court granted certiorari in Hernandez v. Mesa, limited to the following question: Whether, when plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established Fourth and Fifth Amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a damages claim under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971)?

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.

This is the case’s second trip to SCOTUS; earlier coverage of the 2017 decision is here.  




Federal Courts, Recent Decisions, Supreme Court Cases | Permalink


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