|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-309||9th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether the panel’s decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics in the new context of a cross-border shooting misapplies Supreme Court precedent and violates separation-of-powers principles, when foreign relations, border security and the extraterritorial application of the Fourth Amendment are some of the special factors that counsel hesitation against such an extension; and (2) whether, if the above “antecedent” question is answered in the negative, Agent Swartz is entitled to qualified immunity because there is no clearly established law applying the Fourth Amendment to protect a Mexican citizen, with no significant connection to the United States, who is injured in Mexico by a federal agent’s cross-border shooting. CVSG: 04/11/2019.
|Date||Proceedings and Orders |
|Sep 07 2018||Petition for a writ of certiorari filed. (Response due October 11, 2018)|
|Sep 18 2018||Brief of respondent Araceli Rodriguez in opposition filed.|
|Oct 03 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 29 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Apr 11 2019||Brief amicus curiae of United States filed.|
|Apr 30 2019||DISTRIBUTED for Conference of 5/16/2019.|
|May 20 2019||DISTRIBUTED for Conference of 5/23/2019.|
|Feb 26 2020||DISTRIBUTED for Conference of 2/28/2020.|
|Mar 02 2020||Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hernandez v. Mesa, 589 U. S. ___ (2020).|
|Apr 03 2020||JUDGMENT ISSUED.|
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