REPORT: Court decides if Mexican family can sue Border Patrol agent over cross-border shooting

BY TRACY MATHESON / AUGUST 7, 2018 /

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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.

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4 Comments

  1. ZS August 7th, 2018 at 3:15 pm

    The kid was committing a crime so why I’ve them any rights. They are not entitled to any Damn thing. Those Looney judges need to be removed from office for not upholding their oath of office which is to follow the constitution. Hope enough people let these lousy judges know how rotten they are. Who the hell do they think they are!

    Reply

  2. ZS August 7th, 2018 at 3:16 pm

    The kid was committing a crime so why give them any rights. They are not entitled to any Damn thing. Those Looney judges need to be removed from office for not upholding their oath of office which is to follow the constitution. Hope enough people let these lousy judges know how rotten they are. Who the hell do they think they are!

    Reply

  3. Ang August 8th, 2018 at 2:42 am

    The judges are just as dirty as the illegals crossing the border. Distrusting !!!!

    Reply

  4. Molly B. August 8th, 2018 at 2:58 am

    This kind of ruling out of the liberal, “illegal immigrants first” is exactly why none of the judges that sit on the 9th district court will ever become Supreme Court Justices!! SMH at thestupidity!!

    Reply

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