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
Issue: (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
- OT2018 #6: "Hook 'Em, Tom" (First Mondays, November 5, 2018)
- Two new CVSGs, Sotomayor criticizes trial court in capital case (Amy Howe, October 29, 2018)
Date | Proceedings and Orders |
---|---|
09/07/2018 | Petition for a writ of certiorari filed. (Response due October 11, 2018) |
09/18/2018 | Brief of respondent Araceli Rodriguez in opposition filed. |
10/03/2018 | DISTRIBUTED for Conference of 10/26/2018. |
10/29/2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
04/11/2019 | Brief amicus curiae of United States filed. |
04/30/2019 | DISTRIBUTED for Conference of 5/16/2019. |
05/20/2019 | DISTRIBUTED for Conference of 5/23/2019. |
02/26/2020 | DISTRIBUTED for Conference of 2/28/2020. |
03/02/2020 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Hernandez v. Mesa</i>, 589 U. S. ___ (2020). |
04/03/2020 | JUDGMENT ISSUED. |