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Obviously, for this to be going before the SCOTUS, it happened a while ago.
Short Circuit: A Roundup of Recent Federal Court Decisions - and scroll down.
US Federal Officer, (agent) shot and killed unarmed person. The Fifth Circuit ruled that the parents cannot sue.
SCOTUS is to decide not guilt, but whether the injured party can sue.
"Had Sergio Hernandez been killed by a federal agent in the 19th century, his parents could have brought a damages claim for the deprivation of their son's constitutional rights,"
"It is essentially impossible to sustain a claim for damages against federal officers when they violate constitutional rights. That's because courts have shunned the only generally available means for obtaining relief: Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. The decision is considered controversial; many believe it to be a product of Warren Court's judicial activism. Instead of being a radical doctrine, however, Bivens is a continuation of a storied tradition—dating back to the Founding—of holding federal officers personally liable when they infringe upon individuals' fundamental rights. It is also the only route to recovery remaining, after Congress eliminated the ability to sue federal officers under state common law in 1988. " -- Hernandez v. Mesa Jr. - Institute for Justice
Short Circuit: A Roundup of Recent Federal Court Decisions - and scroll down.
US Federal Officer, (agent) shot and killed unarmed person. The Fifth Circuit ruled that the parents cannot sue.
SCOTUS is to decide not guilt, but whether the injured party can sue.
"Had Sergio Hernandez been killed by a federal agent in the 19th century, his parents could have brought a damages claim for the deprivation of their son's constitutional rights,"
"It is essentially impossible to sustain a claim for damages against federal officers when they violate constitutional rights. That's because courts have shunned the only generally available means for obtaining relief: Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. The decision is considered controversial; many believe it to be a product of Warren Court's judicial activism. Instead of being a radical doctrine, however, Bivens is a continuation of a storied tradition—dating back to the Founding—of holding federal officers personally liable when they infringe upon individuals' fundamental rights. It is also the only route to recovery remaining, after Congress eliminated the ability to sue federal officers under state common law in 1988. " -- Hernandez v. Mesa Jr. - Institute for Justice
