Jesus C. Hernandez, Petitioners v. Jesus Mesa, Jr.

Summary

The Supreme Court vacated the Fifth Circuit’s judgment and remanded the case for further proceedings, holding that the appellate court should first address the Bivens question and related Fourth and Fifth Amendment issues. The Court declined to resolve those constitutional questions now, noting that the analysis under Ziglar v. Abbasi is better suited for the Court of Appeals. Two dissenting opinions argue that the Court should either limit Bivens or reverse the Fourth Amendment holding.