Monday, November 30, 2015

Supreme Court Invited SG to Brief Issues Raised in Cert Petition by Border Enforcement Abuse Case

This morning, the Supreme Court invited the Solicitor General of the United States to file a brief in Hernandez v. Mesa. The issues presented by that cert petition are:

Issue: (1) Whether a formalist or functionalist analysis governs the extraterritorial application of the Fourth Amendment’s prohibition on unjustified deadly force, as applied to a cross-border shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States; and (2) whether qualified immunity may be granted or denied based on facts – such as the victim’s legal status – unknown to the officer at the time of the incident.

For background on Hernandez v. Mesa, click here and here.


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