Monday, October 29, 2018
Amy Howe on SCOTUSBlog reports that the Supreme Court today "called for the views of the U.S. solicitor general in Swartz v. Rodriguez, a petition for review filed by Lonnie Swartz, a U.S. Border Patrol agent alleged to have shot and killed a 16-year-old Mexican boy who was walking on the Mexican side of that country’s border with the United States. The U.S. Court of Appeals for the 9th Circuit allowed a lawsuit by the boy’s mother, Araceli Rodriguez, to go forward. Earlier this fall, the justices asked the government to file a brief in another case involving a cross-border shooting; both cases hinge on whether the plaintiffs can rely on a 1971 Supreme Court decision allowing a lawsuit seeking money from federal officials for violations of the Constitution."
The case raises similar issues as Hernandez v. Mesa (per curiam) (2017), in which the Court remanded the case for further consideration..