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Court Says Mexican Shot In Mexico By BP Has US Rights

From the Associated Press:

Court: Teen in Mexico shot by US agent had rights

By JUAN CARLOS LLORCA | July 1, 2014

EL PASO, Texas (AP) — A federal appeals court ruled Monday that a Mexican teenager killed by a Border Patrol agent was protected by the U.S. Constitution, even though the teen was on Mexican soil when he was shot.

Apparently, everyone in the world has all of the rights of US citizens. Except, of course, for some conservative US citizens.

The ruling from the 5th U.S. Circuit Court of Appeals means the family of 15-year-old Sergio Adrian Hernandez Guereca can move forward with a civil lawsuit against the agent.

Ca-ching. (By the way, note that this involves another mere child of 15.)

"This recognizes human rights belong to everyone. Not just American citizens," or human beings standing on U.S. soil, said Bob Hilliard, one of the lawyers representing the family…

According to the website, Superlawyers.Com: "Bob Hilliard is the founder of Hilliard Muñoz Gonzales LLP, a firm that specializes in catastrophic personal injury, mass torts, products liability, commercial and business litigation and wrongful death cases.

His cases have garnered national and international attention.  In 2012, a $21.5 million jury verdict for a case involving his client was the largest verdict awarded in 2012 in the U.S. for a car crash victim requiring back surgery…Mr. Hilliard’s other high-profile cases include: Successfully representing a 92-year-old woman injured by a sliding door in a hospital. The jury awarded $6.4 million, which was the third highest verdict in Texas in 2011 (net to client: $1,694,663.86 | expenses: $92,836.14 | attorney fees: $1,462,500.00)."

We are rally opening the flood doors now.

Mesa shot Hernandez in 2010 near a border bridge between El Paso and Ciudad Juarez while trying to arrest immigrants who crossed illegally into the United States. Mesa said he was attacked by rock throwers. Border Patrol agents are allowed to shoot at rock throwers if they feel their lives or those in their custody are at risk.

Even if they are a mere child of 15? Maybe he just wanted to play?

U.S. District Judge David Briones found in 2011 that the family could not sue because the shooting’s effects were "felt in Mexico." But the appeals court said that "territorial approach" would allow agents to establish "zones of lawlessness." …

Oh, the irony of it all. No, we can’t have ‘lawlessness’ on the border.

Extending that right to people injured across the border by U.S. agents standing on U.S. soil, would inform the officials that they are not allowed to arbitrarily inflict harm in this "new, but similar, context," the court said.

"Today the Fifth Circuit helped ensure that CBP agents are held accountable for shocking and outrageous abuse, even when their victims aren’t inside the U.S. … The Fifth Circuit clearly signaled that Border Patrol cannot operate with impunity," American Civil Liberties Union senior staff attorney Adriana Pinon said in a statement. The ACLU was not directly involved in the case, but filed a friend of the court brief.

Naturally. The ACLU is always eager to destroy the civil liberties of Americans why enhancing them for foreigners.

This article was posted by Steve on Wednesday, July 2nd, 2014. Comments are currently closed.

One Response to “Court Says Mexican Shot In Mexico By BP Has US Rights”

  1. untrainable says:

    Well, terrorists in Iraq, and Syria, and Afghanistan all have constitutional rights… why not Mexican rock throwers. I wonder when Americans will get constitutional rights. We should start an investigatory committee to look into the possibility.

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