Border Patrol Agent Can Be Sued in Fatal Shooting
Paged in part related to the previous Page on an incident with a Mexican helicopter firing at US agents from just inside the US and some discussion with WW
.S. Border Patrol agent can be sued for firing across the border and killing a 15-year-old Mexican boy, a federal appeals court ruled Monday, a decision with potentially broad consequences for the highly charged issue of law enforcement’s use of deadly force along the border.
The decision by a three-judge panel in New Orleans said the allegations in the 2010 shooting of Sergio Adrian Hernandez Guereca, if proven in court, would amount to “an official abuse of power so arbitrary as to shock the conscience.” Because of that, the case can go forward, the judges ruled.
Lawyers in the case say it’s the first time that an appeals court has extended the protections of the U.S. Constitution to a noncitizen on the Mexican side of the U.S. border.