Jesus C. Hernandez v. Jesus Mesa, Jr.

Summary

The Court, in an opinion by Justice Alito, affirmed the dismissal of the parents’ damages claims, holding that Bivens does not extend to this cross-border shooting. The claims arose in a new context, and their implications for foreign relations, border security, and Congress’s treatment of injuries abroad counseled against judicial creation of a damages remedy. The Court did not decide whether the shooting violated the Fourth or Fifth Amendment. Justice Thomas, joined by Justice Gorsuch, concurred, joining the Court’s opinion but urging reconsideration and abandonment of Bivens altogether. Justice Ginsburg, joined by Justices Breyer, Sotomayor, and Kagan, dissented, reasoning that the alleged misconduct resembled the law-enforcement misconduct actionable under Bivens and that neither foreign relations nor national security justified denying a remedy for an officer’s conduct within the United States.