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Supreme Court to Decide Whether Killed Mexican Teen Has Constitutional Protections

Border PatrolBy Steve Neavling
ticklethewire.com

The U.S. Supreme Court is expected to decide whether a Mexican teenager is permitted to sue the Border Patrol agent who shot him.

“This raises fundamental questions about the reach of protection under the Constitution,” Deepak Gupta, a lawyer working on behalf of the teenager’s family,”  told the Dallas Morning News.  “It’s hard to understate how fundamental it is.”

In the summer of 2010, Sergio Hernandez, then 15, was allegedly throwing rocks at Border Patrol officers along the border between El Paso and Juarez.

Agent Jesus Mesa Jr. fired at Hernandez, killing him.

The central question in the court case: Does a Mexican have constitutional protections against the use of deadly force by federal officers – a protection afforded to Americans?

A Border Patrol lawyer says Hernandez does not have constitutional protections.

“To say he did would create a very litigious border,” Ortega said. “We’d be, in effect, expanding the jurisdiction of the Constitution of the United States into sovereign areas.”


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