U.S. Sup. Ct.;
15-118

The U.S. Supreme Court vacated a court of appeals judgment and remanded. The court held that remand was required to permit the court of appeals to determine the application of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) to a U.S. government agent's fatal shooting of a Mexican teenager standing on Mexican soil.

Fifteen-year old Jesus Hernández and friends, all Mexican nationals, were playing in a 270-foot wide, dry culvert that straddled the border between Ciudad Juarez and El Paso, taking turns running up and down the embankment on U.S. side of the culvert. Border patrol agent Jesus Mesa arrived on the scene and managed to grab one of the boys while the others ran across the culvert into Mexican territory. Mesa then fired two shots across the culvert into Mexico. One of the two shots struck and killed Hernández. Hernández's parents sued Mesa for damages under Bivens, alleging violation of Hernández's rights under the Fourth and Fifth Amendments.