Rodriguez v. Swartz

Allegation: Without provocation, Border Patrol agent in Nogales, Ariz. shoots across the border, hitting teenager about 10 times, mostly in the back, killing him. (The agent is acquitted of murder. Retrial on manslaughter charge is pending.) Ninth Circuit: “Any reasonable officer would have known, even without a judicial decision to tell him so, that it was unlawful to kill someone—anyone—for no reason.” The teen’s family can sue the agent. Dissent: Courts shouldn’t meddle in foreign affairs without direction from Congress, and Congress has consistently declined to fashion a remedy for aliens injured abroad.

Tags: 2018, Deadly Force, Fourth Amendment, Ninth Circuit, Qualified Immunity

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