the other case, hernandez didn't ultimately define whether sergio hernandez and the hernandez family could sue the customs and border patrol agent for damages, it instead directed the circuit court of appeals to decide that question in the wake of hibossy. the second question is assuming can you sue a federal official for damages, when is the officer liable under oath in the qualified immune pit. you can't get it from them unless they establish rights. in hibossy they said the officers violated a statute and the court said it wasn't clearly established the officers did in fact violate a statute. and therefore it didn't allow damages to proceed on that theory. and hernandez said the officer wouldn't have been entitled to qualify because at the time he didn't know the facts that perhaps meant his actions were legal so he didn't know at the time he was shooting a 15-year-old mexican national standing in mexico. the court doesn't decide whether the fourth amendment prohibition on excessive force or unreasonable searches and seizures applies to the officer under those circumstances and th