Ninth Circuit weighs qualified-immunity claim for Border Patrol agents in Native American shooting

A three-judge Ninth Circuit panel is unlikely to overturn a lower court ruling that denied qualified immunity to three Border Patrol agents who killed Raymond Mattia on his Tohono O’odham Nation lawn.

During a hearing in May, a Ninth Circuit three-judge panel signaled it will probably uphold a district court’s denial of qualified immunity for Border Patrol agents Scott Whitehouse, Dan Sifuentes and Ivan Torralva, who fatally shot Raymond Mattia on his front lawn in the Tohono O’odham Nation. The family’s suit hinges on a body-camera video that the plaintiffs claim is edited, redacted and incomplete, making it unreliable at the motion-to-dismiss stage.

DOJ attorney Sophia Shams argued the complaint already summarizes the footage, though she declined to confirm whether the knife was tossed underhand. Plaintiff attorney Ryan Stitt emphasized that the video’s deficiencies force factual disputes into discovery, including a full forensic review. The agents said they perceived a cell phone as a gun, prompting them to fire.

Judges Ana Isabel De Alba, Salvador Mendoza Jr. and Kenneth Lee, appointed by Presidents Biden and Trump respectively, asked clarifying questions but did not set a ruling date. The case continues to test the scope of Bivens-type damages against federal officers in border-related operations.