Jesus C. Hernandez, Petitioners v. Jesus Mesa, Jr. — Thomas, J., Dissenting

Summary

Justice Thomas, dissenting, argues that the Fourth Amendment should protect the victim despite his location on the Mexican side of a border culvert and that a Bivens action for damages should be available. He contends that the cross‑border context is meaningfully different from prior Bivens cases and urges reversal of the appellate Fourth Amendment holding and remand for Bivens and qualified‑immunity questions.