Court Ruling: Family of Mexican Teen Killed on Mexico Soil Can Sue US Border Patrol Agent Who Acted With 'Shocking Malice'
On Monday, a federal court of appeals in New Orleans ruled that a Mexican teenager who a Border Patrol agent killed on Mexican soil was protected by the U.S. Constitution, and thus his family can file a civil lawsuit against the agent.
The 5th U.S. Circuit Court of Appeals determined that the family of Sergio Adrian Hernandez Guereca, who was 15 at the time of his 2010 death, can sue Border Patrol agent Jesus Mesa Jr. Previously, the family filed a $25 million lawsuit, USA Today reports.
"This recognizes human rights belong to everyone, not just American citizens [or those on U.S. soil,]" Bob Hilliard, a lawyer representing Guereca's family, said according to The Associated Press.
Hilliard said the family will probably appeal a part of the ruling that prevents them from suing Mesa's supervisors and agencies, include the Department of Homeland Security and Customs and Border Protection.
Hernandez was shot by a bridge between El Paso and Ciudad Juarez. The agent said people were throwing rocks at him and thus took fire as Border Patrol agents are permitted if they feel themselves or those in custody are at risk.
Still, the 2-1 ruling placed blame on Mesa with the court saying the agent "acted out of a conscience-shocking malice or wantonness rather than merely careless or excessive zeal.
"If ever a case could be said to present an official abuse of power so arbitrary as to shock the conscience, the Appellants have alleged it here," the ruling stated. "Hernandez had retreated behind the pillars of a bridge when, unprovoked, Agent Mesa fired two gunshots in his direction. ... On these facts Agent Mesa had no reason to suspect that Hernandez had committed any crime or engaged in any conduct that would justify the use of any, let alone deadly, force."
According to USA Today, this ruling could affect six other cases of Mexicans being shot by Border Patrol agents across the border.
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Follow Scharon Harding on Twitter: @ScharHar.
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