Cori Alonso-Yoder, a Practitioner-in-Residence in the Immigrant Justice Clinic at American University Washington College of Law, has published an analysis of the recent Supreme Court decision in Hernández v. Mesa on Law360. In that case, the Court refused to extend civil liability to a U.S. Border Patrol agent who shot and killed a Mexican teenager from across the U.S.-Mexico border. Professor Alonso-Yoder observes that the Court’s majority signaled an unwillingness not only to extend liability to federal officials in cross-border shootings, but also to continue assigning liability in a domestic context without express statutory authority from Congress.
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