Mattia, et al. v. Whitehouse, et al. — 9th Cir. (argued August 12, 2026)
Three Border Patrol agents ask the Ninth Circuit to dismiss a Fourth Amendment excessive-force claim arising from the fatal shooting of Raymond Mattia outside his home on the Tohono O'odham Nation. The district court allowed the claim to proceed. In this pretrial appeal, the panel first must decide whether it can review a dispute over what body-camera footage shows. The agents say the footage contradicts the complaint, entitles them to qualified immunity, and that Bivens does not extend to this setting. Mattia's estate and family say the edited footage cannot resolve disputed facts and that the claim fits the Fourth Amendment context Bivens already recognized.
Mattia, et al. v. Whitehouse, et al. (No. 25-6118) — U.S. Court of Appeals for the Ninth Circuit, argued August 12, 2026.
- 0:00Introduction
- 0:55Advocate — Sophia Shams
- 1:26Bivens Claims
- 2:04Qualified Immunity and Interlocutory Review
- 14:08Advocate — Ryan Stitt