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Swartz v. Rodriguez

Petition for a writ of certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Hernandez v. Mesa, on March 2, 2020
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 07 2018Petition for a writ of certiorari filed. (Response due October 11, 2018)
Sep 18 2018Brief of respondent Araceli Rodriguez in opposition filed.
Oct 03 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 11 2019Brief amicus curiae of United States filed.
Apr 30 2019DISTRIBUTED for Conference of 5/16/2019.
May 20 2019DISTRIBUTED for Conference of 5/23/2019.
Feb 26 2020DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hernandez v. Mesa, 589 U. S. ___ (2020).