REPORT: Court decides if Mexican family can sue Border Patrol agent over cross-border shooting
As the most reliable and balanced news aggregation service on the internet, DML News offers the following information published by TheHill.com:
A federal appeals court ruled Tuesday that a Mexican mother can sue a Border Patrol agent over a cross-border shooting that killed her son.
The ruling from the Ninth Circuit Court of Appeals involved a civil case from the family of Jose Antonio Elena Rodríguez, a 16-year-old Mexican citizen who was fatally shot in 2012 across the border by U.S. Border Patrol Agent Lonnie Swartz.
The article goes on to state the following:
At issue was whether Border Patrol agents could be held liable for violating the constitutional rights of foreign citizens on foreign soil, while themselves operating on U.S. soil.
“It is inconceivable that any reasonable officer could have thought that he or she could kill [Rodríguez] for no reason. Thus, Swartz lacks qualified immunity,” the Ninth Circuit court wrote in its opinion.
The Rodríguez family’s lawsuit alleged that Swartz shot Rodríguez through the border fence that divides Nogales, Ariz. from Nogales, Sonora on the Mexican side.
Rodríguez’s autopsy revealed he was shot 10 times and a majority of the bullets hit him from behind.
Swartz fired 16 times across the border in response to reports of individuals throwing rocks, hitting Rodríguez twice in the head and eight times in the body.
The court was clear that Border Patrol agents do not have constitutional immunity to kill people on the other side of the fence.
This ruling could not come at a more important time, as the Trump administration seeks to further militarize our border.
— ACLU (@ACLU) August 7, 2018
The mother of a 16-year-old Mexican boy who Border Patrol shot dead through a border fence can sue the agent responsible for damages, says a federal court. Lonnie Swartz shot Jose Antonio Elena Rodriguez 10 times, but claimed immunity because he was operating on U.S. soil. pic.twitter.com/Kny76O0xVq
— AJ+ (@ajplus) August 7, 2018
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