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Tue Feb 25, 2020, 11:42 AM

Supreme Court says parents can't sue US Border Patrol agent who fatally shot teenage son in Mexico

Source: CNN, via FOX Carolina

Supreme Court says parents can't sue US Border Patrol agent who fatally shot teenage son in Mexico

By Ariane de Vogue and Devan Cole, CNN

Posted 6 min ago

The Supreme Court said Tuesday that the parents of a Mexican youth who was shot to death in Mexico by a US Border Patrol agent standing on American soil cannot try to sue the agent in US courts for damages.

The ruling is a win for the agent and the United States government, who argued the case should not be allowed to go forward. The decision will make it harder for individuals to sue federal officers when their constitutional rights are violated.

The 5-4 ruling came down along familiar ideological lines, with the Court's five conservative justices siding with the government and its four liberal justices dissenting.

In 2010, Sergio Hernandez, a 15-year-old Mexican citizen, was with friends on a cement culvert that separates El Paso, Texas, from Ciudad Juarez, Mexico. The international border runs down the middle of the culvert.

{snip}

Read more: https://www.foxcarolina.com/supreme-court-says-parents-can-t-sue-us-border-patrol/article_ff29d3ad-7296-546b-8bac-c4f6d3515fa2.html



Revised. Here's the original post:

By 5-4 vote, Supreme Court says family of Mexican boy killed by agent in cross-border shooting cannot file suit in U.S. courts. Here's story from oral arguments in case:




I know: Twitter's no good for LBN. Will find acceptable source. Patience....

If you have to lock it, you have to lock it. Sorry.

FOX Carolina is not FOX News. I'll explain this again if I have to, but you can look this up. Thank you.

-- -- -- -- --

No story at Reuters yet either:

Supreme Court on 5-4 vote with conservatives in the majority refuses to allow people injured/killed in cross-border shootings to file civil rights suits in federal court




-- -- -- -- --

#SCOTUS rules 5-4 in Hernandez v. Mesa that the family of a Mexican teenager who was killed by a U.S. Border Patrol agent in a cross-border shooting cannot sue the agent for damages under the U.S. Constitution


22 replies, 2594 views

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Arrow 22 replies Author Time Post
Reply Supreme Court says parents can't sue US Border Patrol agent who fatally shot teenage son in Mexico (Original post)
mahatmakanejeeves Feb 25 OP
mr_lebowski Feb 25 #1
mahatmakanejeeves Feb 25 #2
bluestarone Feb 25 #3
Jose Garcia Feb 25 #4
SylviaD Feb 25 #12
abqtommy Feb 25 #5
DENVERPOPS Feb 25 #6
SylviaD Feb 25 #13
oldsoftie Feb 25 #14
SylviaD Feb 25 #17
atreides1 Feb 25 #18
DENVERPOPS Feb 25 #19
Javaman Feb 25 #7
bucolic_frolic Feb 25 #8
DetlefK Feb 25 #9
mahatmakanejeeves Feb 25 #10
mahatmakanejeeves Feb 25 #11
MarcA Feb 25 #15
Karadeniz Feb 25 #16
Haggis for Breakfast Feb 25 #20
DENVERPOPS Feb 25 #21
Yo_Mama_Been_Loggin Feb 26 #22

Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 11:44 AM

1. Welp ... guess it's now officially open-season ...

Thanks Mitch!

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 11:47 AM

2. Here's the decision, from SCOTUSblog:

https://www.supremecourt.gov/opinions/19pdf/17-1678_m6io.pdf

Source:

Kalvis Golde Manager

Posted Tue, February 25th, 2020 9:00 am

Live blog of opinions (Update: Completed)

We live-blogged on Tuesday, February 25, as the court released opinions in McKinney v. Arizona, Rodriguez v. Federal Deposit Insurance Corp., Hernandez v. Mesa and Monasky v. Taglieri. SCOTUSblog is sponsored by Casetext, the most intelligent way to search the law.

{snip}

Recommended Citation: Kalvis Golde, Live blog of opinions (Update: Completed), SCOTUSblog (Feb. 25, 2020, 9:00 AM), https://www.scotusblog.com/2020/02/live-blog-of-opinions-48/

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:05 PM

3. Seems like we are getting closer to allowing

Legally shooting someone on fifth ave. SHAME!

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:09 PM

4. Eric Holder needs to answer for why this guy wasn't prosecuted

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Response to Jose Garcia (Reply #4)

Tue Feb 25, 2020, 02:14 PM

12. Very true. nt

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:13 PM

5. This is pathetic. I guess it's time to officially change the designation from the Justice Department

to The Justice Denied Department.

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:15 PM

6. This is insane

These Trump Border Patrol racist sickos had better pray that the Mexicans don't line up on the other side and use their sorry asses like ducks in a shooting arcade.........

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Response to DENVERPOPS (Reply #6)

Tue Feb 25, 2020, 02:16 PM

13. What you are advocating would hand Trump the biggest PR victory of his presidency

I haven't often heard a worse idea here on DU and promoting violence to boot

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Response to SylviaD (Reply #13)

Tue Feb 25, 2020, 03:24 PM

14. You're surprised?

its getting worse every day

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Response to oldsoftie (Reply #14)

Tue Feb 25, 2020, 05:44 PM

17. It is. I never thought I would see this kind of thing here. nt

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Response to SylviaD (Reply #13)

Tue Feb 25, 2020, 09:54 PM

18. Self Defense!!!

If a Border Patrol officer points a gun into Mexico and is shot from the other side...in my book it's self defense!!!

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Response to SylviaD (Reply #13)

Tue Feb 25, 2020, 10:08 PM

19. I am not ADVOCATING anything

I am just warning of a possible escalation of what might happen if this LAWLESSNESS of an agent firing across a country's border and killing a foreigner is allowed and condoned. It opens the door to ALL border control agents justified in taking things into their own hands.....It was the border patrol advocating that willful and wanton murder is A-OK with them...............I truthfully am amazed that Trump didn't have the Border Patrol Agent to Washington to give him a gold medal on National TV. Trump could have his pardoned Navy Seal present the Medal..........

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:28 PM

7. how long till we invade Mexico now on some bullshit reason?

give it time. the pieces are being put in place.

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:36 PM

8. Astonished

So if there's no jurisdiction for shooting someone across an international border, is it an act of war then? International courts apply?

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:44 PM

9. So... Doesn't that mean that the shooting was an act of war?

An agent of the US-government shoots a mexican citizen on mexican soil.

Chief Justice John G. Roberts Jr. noted that the Border Patrol’s investigation determined the agent, Jesus Mesa Jr., had not violated its policies.


So it is within the policy of this agent to shoot Mexicans on mexican soil. That makes him a state-sanctioned killer, a soldier, and that makes this shooting an act of water.

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 12:50 PM

10. Another link:

Supreme Court denies Mexican family's damages claim for cross-border shooting

Richard Wolf
USA TODAY

Published: 10:23 a.m. ET Feb. 25, 2020 | Updated: 11:39 a.m. ET Feb. 25, 2020

WASHINGTON – A deeply divided Supreme Court ruled Tuesday that the family of a Mexican teen shot and killed by a U.S. Border Patrol agent cannot seek damages because of the border that was between them.

The justices ruled 5-4 that 15-year-old Sergio Adrian Hernández Guereca lacked constitutional protection against the use of excessive force because he was in Mexico. Had he been in Texas with Border Patrol agent Jesus Mesa, his family would have had a claim.

Associate Justice Samuel Alito wrote the opinion and was joined by the court's four other conservatives. The four liberal justices dissented.

"A cross-border shooting claim has foreign relations and national security implications,"" Alito wrote. "In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad."

Associate Justice Ruth Bader Ginsburg wrote the dissent for her liberal colleagues. She said the shooting occurred on the U.S. side of the border, so the majority's concern about applying the law abroad should not apply.

{snip}

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 01:32 PM

11. In separate opinion, Justice Clarence Thomas says he would would like to overrule 1971 precedent

Forgot to note that Justice Gorsuch joined Thomas opinion calling for the court to consider overturning the 1971 Bivens ruling



In separate opinion, Justice Clarence Thomas says he would would like to overrule 1971 precedent that allowed people to sue individual federal officers for civil rights violations



-- -- -- -- --

Today's ruling will end a similar case, also pending at the Supreme Court, brought against a border patrol agent who killed a 16-year-old Mexican from across the border in Arizona.



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Response to mahatmakanejeeves (Reply #11)

Tue Feb 25, 2020, 04:24 PM

15. Swarms of Officers to Harass our People.

Thomas and Gorsuch are openly fascists. If they have their way will U.S. Citizens
be conditioned to just accept it when it happens to them.

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Response to mahatmakanejeeves (Original post)

Tue Feb 25, 2020, 04:30 PM

16. A win for the US government...pretty myopic. It is not any sort of win when a govt agent

Can commit an immoral, illegal act with impunity.
In that case, the government stands for nothing worthwhile. It is not winning to represent nothing worthwhile. That is total loss of standing.

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Response to Karadeniz (Reply #16)

Tue Feb 25, 2020, 10:16 PM

20. Welcome to trump's Amerikkka.

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Response to Karadeniz (Reply #16)

Tue Feb 25, 2020, 10:19 PM

21. What's next

First a U.S. Navy Seal, now a Border Patrol Agent......what/who is the next in their "crosshairs".............

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