Access to Justice

RELEASE: Conservative Justices Deny Accountability to Family After Cross-Border Killing of Their Son

“The bottom line take-away after today’s ruling is that U.S. border guards can continue to abuse their power with impunity.” — CAC Civil Rights Director David Gans

WASHINGTON – On news this morning that the U.S. Supreme Court issued a 5-4 ruling in Hernández v. Mesa—with the five conservative Justices voting against the family of a boy fatally shot by a U.S. Customs and Border Protection agent that attempted to sue for damages in federal court—Constitutional Accountability Center issued the following reaction:

CAC Chief Counsel Brianne Gorod said, “The Court’s majority today fails to take seriously the role that the Founders assigned the courts as checks on unconstitutional government action. As Justice Ginsburg notes in her dissent, the death in this case is ‘not an isolated incident.’ The result of the Court’s decision today will be as troubling as it is unsurprising: continued abuses of governmental power.”

CAC Civil Rights Director David Gans added, “The bottom line take-away after today’s ruling is that U.S. border guards can continue to abuse their power with impunity. The Court has closed the courthouse doors on those victimized by federal officers, leaving them with no remedy.”

#

Resources:

CAC case page, Hernández v. Mesa: https://www.theusconstitution.org/litigation/hernandez-v-mesa-u-s-sup-ct/

“A Murdered Mexican Boy and the Abuse of American Power at the Border,” David Gans, The New Republic, February 20, 2017: https://newrepublic.com/article/140746/murdered-mexican-boy-abuse-american-power-border

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Access to Justice

Access to Justice
U.S. Court of Appeals for the Fifth Circuit

Gonzalez v. Trevino

In Gonzalez v. Trevino, the U.S. Court of Appeals for the Fifth Circuit is considering what threshold requirements individuals must satisfy to bring First Amendment claims against a state or local official for arresting them...
Access to Justice
June 25, 2021

RELEASE: Roberts Court Hands Business Another Win, Closes Courthouse Doors to Those Harmed by Corporation

WASHINGTON – Following the Supreme Court’s ruling in TransUnion LLC v. Ramirez, Constitutional Accountability Center...
By: Elizabeth B. Wydra
Access to Justice
May 10, 2021

RELEASE: 89 Organizations to Senate: “Qualified Immunity Doctrine Must End Without Exception” 

WASHINGTON – Today, Constitutional Accountability Center is releasing a letter on behalf of 89 organizations calling on the Senate to...
Access to Justice
May 10, 2021

Qualified Immunity | Beyond Policing

In 1967, the Supreme Court created from whole cloth the legal doctrine of qualified immunity,...
By: Kristine A. Kippins, Becca Damante
Access to Justice
U.S. Supreme Court

Thompson v. Clark

In Thompson v. Clark, the Supreme Court is considering whether people may sue a police officer for instigating baseless criminal charges against them once those charges are dropped—or whether, instead, victims may sue only if...
Access to Justice
U.S. Supreme Court

Cates v. Stroud

In Cates v. Stroud, the Supreme Court is being asked to consider whether state officials who strip-searched a prison visitor without informing her she was free to leave, are immune from being sued for violating...