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Hernandez v. United States

United States Court of Appeals for the Fifth Circuit
785 F.3d 117 (2015)



Mexican citizen and resident Jesus Hernandez (plaintiff), individually and as the father of his 15-year-old son, Sergio, filed suit in federal district court against Jesus Mesa, a United States Customs and Border Patrol agent, and others (defendants). Mesa, while standing on U.S. soil, had shot and killed Sergio while Sergio was playing in a cement culvert on the Mexican side of the border. Hernandez alleged violations of Sergio’s Fourth Amendment right against unreasonable seizures and Sergio’s Fifth Amendment right to due process. Agent Mesa argued that he had qualified immunity with respect to the Fifth Amendment claim. The district court agreed and dismissed the action because the Hernandez family had no substantial connection to the United States and thus had no clearly established constitutional rights to assert. Hernandez appealed.

Rule of Law


Holding and Reasoning (Per curiam)

Concurrence (Prado, J.)

Concurrence (Dennis, J.)

Concurrence (Jones, J.)

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