Supreme Court To Hear El Paso Border Patrol Officers Case

The Supreme Court is hearing a case that could decide whether an El Paso Border Patrol agent can be sued by the family of a man he shot. 

The case stems from a 2010 incident in which Border Patrol agent Jesus Mesa shot and killed a Mexican National. According to the EP Times;

Legal experts say the court’s decision could leave agents subject to lawsuits if they use force while patrolling the border. The Supreme Court ruling could include Border Patrol agents under a constitutional amendment set up to guard against the unjustified use of deadly force.

The EP Times says the case will focus on 3 things::

• Do the Fourth Amendment’s protections against unlawful seizures and unjustified use of deadly force extend beyond the country’s borders?
• Is Mesa immune from being sued since he was unaware that Hernández was not a U.S. citizen?
• How will the case of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics affect things?

The Bivens case said federal agents could be sued if they "act unlawfully"  while doing their duty. If the Supreme Court rules in favor of Hernández, the lawsuit against Mesa moves forward.