The family of Raymond Mattia, killed in 2023, says the three-judge panel cannot rely on “an edited and untested, incomplete and redacted body camera compilation” to challenge claims made in the lawsuit, which must be taken as fact at the motion to dismiss stage. Representing the Border Patrol agents, DOJ attorney Sophia Shams argued that by relying on the video to draft a complaint, the Mattia estate already incorporated the video into its pleadings. In denying the agents’ motion to dismiss, a lower court had granted standing to the Mattia family to sue the agents under precedent set by Bivens vs. Six Unknown Named Agents, in which the U.S.