Family of Mexican teen shot dead across border can't sue US agent, court rules

[Judi Lynn]

Source: Guardian

Family of Mexican teen shot dead across border can't sue US agent, court rules

Court says border patrol agent Jesus Mesa Jr entitled to immunity

No dispute that Mesa shot 15-year-old Sergio Hernandez in 2010

Associated Press in New Orleans
Friday 24 April 2015 17.54 EDT

A federal appeals court says a US border patrol agent who fired across the border from Texas into Mexico and killed a teenager cannot be sued in US courts by the Mexican teen’s family.

The unanimous ruling was issued Friday by the full fifth US circuit court of appeals. The decision reverses most of an earlier 2-1 ruling by a three-judge panel of the court.

There’s no dispute the agent, Jesus Mesa Jr, shot 15-year-old Sergio Hernandez in 2010. At issue is whether the teen’s family could sue in US courts.

With support from the Mexican government, the teen’s parents argue they should be allowed to sue in US courts because Mesa was on American soil. But the fifth circuit said, among other things, that Mesa was entitled to immunity.








Read more: http://www.theguardian.com/us-news/2015/apr/24/family-of-mexican-teen-shot-dead-us-border-patrol-agent-lawsuit

[Xipe Totec]

1. I think this is a bad decision - Sets a bad precedent

It means that people can shoot from the Mexican side into the US with immunity.

It will be very though to get Mexican courts to grant standing now under plain reciprocity.

[cstanleytech]

6. What about the family suing in a mexican court?

The kid was shot and killed and while inside mexico after all so wouldnt such a case be under mexican jurisdiction anyway?

[Xipe Totec]

7. The point is what will happen when a Mexican soldier kills a CBP on the US side.

What standing will we have there?

Having established that a CBP killing a Mexican citizen on Mexican territory by firing a bullet from US territory is not subject to US law?

The Mexican court is likely to rule that a Mexican soldier killing a CBP on US soil by firing a bullet from Mexican territory is not subject to Mexican law.

Reciprocity.

[cstanleytech]

8. If someone from over there shoots and kills someone over here I imagine it would mean

that they could be sued in US court then.

[Xipe Totec]

9. Good luck getting an extradition.

[cstanleytech]

10. Thats for criminal cases this is civil. nt

[Xipe Totec]

11. Good luck getting anywhere with that. nt

[Dustlawyer]

14. The 5th Circuit is all about bad decisions, unless you are a corporation!

[Major Nikon]

2. So I guess it stands to reason that cartel members can now shoot CBP agents with full immunity

[erronis]

5. Not to suggest longer-range deliveries

But doesn't this imply that anything that is lobbed across the border from Canada, Mexico, whereever is OK?

Of course, I don't mean drugs and evil shit like that. Just weaponry like bullets, missiles, chemicals, you know...

You got to love the f'd up US system of injustice. Just like the rest of the bribe-taking world.

[Xipe Totec]

3. Follow up to the story:

A federal appeals court ruled Monday that a Mexican teenager killed by a Border Patrol agent was protected by the US constitution, even though the teen was on Mexican soil when he was shot.

The ruling from the fifth US 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.

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

The original lawsuit was filed against the Border Patrol, the Department of Homeland Security, Customs and Border Protection agent Jesus Mesa and the US Department of Justice. But part of the ruling relieves the agent's supervisors and the agencies from responsibility.


http://www.theguardian.com/world/2014/jul/01/mexican-teenager-killed-us-border-patrol-agents-constitution

[gvstn]

4. Not really a follow up.

This article predates the OP.

[Spitfire of ATJ]

12. This is the same court that tried to strike down same sex marriage.

[A Simple Game]

13. If I were a border patrol agent I wouldn't want to get too close to the Mexican border.

It may become open season on the border patrol.