United States Ninth Circuit

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Rodriguez v. Swartz, 15-16410

Held that a U.S. Border Patrol agent did not have qualified immunity for allegedly shooting and killing a teenage Mexican citizen walking down a street in Mexico while the agent was standing on American soil. The border patrol agent moved to dismiss the complaint filed by the boy's mother based on qualified immunity. However, the Ninth Circuit held in a 2-1 decision that, under the facts as alleged, the agent was not immune from suit and, further, the boy's mother had a cause of action against the agent for money damages.

Appellate Information

  • Decided
  • Published 2018/08/07


  • Kleinfeld


  • United States Ninth Circuit


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