Court Rules That Mexican Mother Can Sue Over Cross-Border Shooting
BY Herschel Smith
6 years, 4 months ago
A woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can sue for damages, a federal court ruled Tuesday.
The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.
“Based on the facts alleged in the complaint, Swartz violated the Fourth Amendment. It is inconceivable that any reasonable officer could have thought that he or she could kill J.A. for no reason,” Judge Andrew J. Kleinfeld wrote in the majority opinion. “Thus, Swartz lacks qualified immunity.”
Swartz, who was found not guilty in April of second-degree murder for the 2012 shooting, has said he shot at people throwing rocks through the border fence in Nogales, Arizona. A retrial in the case will take place in October.
Okay then. Since non-citizens get these rights under a constitution to which they are not subject, then the next step is for the Ninth Circuit to issue a cease-and-desist order for all SWAT raids where people get shot by cops in their own homes on American soil.
Right?
On August 8, 2018 at 8:30 am, Frank Clarke said:
“Since non-citizens get these rights..”
Sorry, H, you got that exactly backwards. I can’t figure out how, but you did.
We hold these truths to be self-evident: that all men are created equal, that they are endowed BY THEIR CREATOR with certain unalienable rights…
The Bill of Rights grants no rights. They are, one and all, prohibitions upon actions by the government. The government may not use torture on citizens in Topeka OR on non-citizens in Guantanamo Bay, or upon anybody anywhere. Other rights by extension.
On August 8, 2018 at 9:15 am, Herschel Smith said:
@Frank,
You can recognize “tongue-in-cheek” when you see it, right?
On August 8, 2018 at 2:30 pm, Jack Crabb said:
Herschel, don’t try to confuse the leftists with logic and reason.
On August 8, 2018 at 2:40 pm, ExpatNJ said:
But, AMERICAN families victimized by 9/11 attacks were prohibited from suing FOREIGN governments (Saudi Arabia, et. al.). Good to know where we Deplorables stand …
On August 8, 2018 at 6:14 pm, Ned said:
Trying to apply logic to court decisions is a road to madness.
On August 9, 2018 at 6:42 am, DAN III said:
ALCON,
Just as I blame the citizens, the electorate, for the career politicians at every level of Amerikan government, I blame the attorneys for lawsuits such as this described above.
Why is it when a story announces a lawsuit the name of the lawyer/law firm representing the plaintiff, is never provided ? I also ponder how some “destitute” plaintiff affords a $500+/hour scoundrel. Just WHO is paying these scum attorneys and how much ?
There is NO obligation upon any Amerikan attorney/lawyer to accept a client. Yet, somehow, the scum always rises to the top to accept a client.
“First, let’s kill all the lawyers….” – – Attributed to William Shakespeare – –