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Thread: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

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    [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    The US supreme court has refused to open the door for foreign nationals to pursue civil rights cases in American courts, declining to revive a lawsuit by a slain unarmed 15-year-old Mexican boy's family against the US border agent who shot him in the face from across the border in Texas. The court's conservatives voted 5-4 to uphold a lower court’s dismissal of the lawsuit against the agent, Jesús Mesa, who shot 15-year-old Sergio Adrián Hernández Guereca in the face in the 2010 incident.
    Supreme court blocks Mexican family's legal bid over teen killed by border agent | US news | The Guardian

    11p1-300x336.jpg
    Sergio Adrián Hernández Guereca receiving first aid on the Mexican side of the border

    There is no recourse for the family of a murdered child when shot from the United States by a rogue border patrol agent. It has to be wondered whether a similar judgement would be made were a an unarmed Canadian boy to be shot dead from across the border with Canada by an American patrol officer.
    Last edited by Jean-s; 02-25-20 at 07:55 PM. Reason: caption

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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by Jean-s View Post
    The US supreme court has refused to open the door for foreign nationals to pursue civil rights cases in American courts, declining to revive a lawsuit by a slain unarmed 15-year-old Mexican boy's family against the US border agent who shot him in the face from across the border in Texas. The court's conservatives voted 5-4 to uphold a lower court’s dismissal of the lawsuit against the agent, Jesús Mesa, who shot 15-year-old Sergio Adrián Hernández Guereca in the face in the 2010 incident.
    Supreme court blocks Mexican family's legal bid over teen killed by border agent | US news | The Guardian

    11p1-300x336.jpg
    Sergio Adrián Hernández Guereca receiving first aid on the Mexican side of the border

    There is no recourse for the family of a murdered child when shot from the United States by a rogue border patrol agent. It has to be wondered whether a similar judgement would be made were a an unarmed Canadian boy to be shot dead from across the border with Canada by an American patrol officer.
    A person sues in the country where the civil or criminal offense occurred. It happened in Mexico. Sue in Mexico.
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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Yes, the Supreme Court would’ve made the decision because it’s clearly What the law requires.

    The deceased was on Mexican soil and so the 4th amendment is not at issue. The agent was cleared in the investigation, and congress has passed no law allowing for recovery of damages against the US government in this case.
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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by joko104 View Post
    A person sues in the country where the civil or criminal offense occurred. It happened in Mexico. Sue in Mexico.
    No, the killer was standing in Texas which is in the USA.

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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by joko104 View Post
    A person sues in the country where the civil or criminal offense occurred. It happened in Mexico. Sue in Mexico.
    Well, that is the question, isn't it?

    The Border Agent was standing on American soil when he pulled the trigger, but the child was standing on Mexican soil when that bullet entered his face and killed him.

    Where exactly did the "offense" occur?
    Don't believe something just because you want to.

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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by EMNofSeattle View Post
    Yes, the Supreme Court would’ve made the decision because it’s clearly What the law requires.

    The deceased was on Mexican soil and so the 4th amendment is not at issue. The agent was cleared in the investigation, and congress has passed no law allowing for recovery of damages against the US government in this case.
    You think so? Really?

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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    The Mexican government should seek restitution from the US government and, equitably, they should get it, but Judicial Branch should have no role in this.

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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by TheDoctorWasIn View Post
    Well, that is the question, isn't it?

    The Border Agent was standing on American soil when he pulled the trigger, but the child was standing on Mexican soil when that bullet entered his face and killed him.

    Where exactly did the "offense" occur?
    The bullet in question was fired from the US.

    Trying to claim that the target wasn't in the us so the US can't be sued is nonsense.

    It might even technically be an act of war.

    If NK launched a missile at japan, it certainly would be.
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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by What if...? View Post
    The bullet in question was fired from the US.

    Trying to claim that the target wasn't in the us so the US can't be sued is nonsense.

    It might even technically be an act of war.

    If NK launched a missile at japan, it certainly would be.
    It could be an act of war, but the Mexican government has not declared war on the United States so it is a moot point
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    re: [W:85]Supreme court blocks Mexican family's legal bid over teen killed by border agent

    Quote Originally Posted by What if...? View Post
    It might even technically be an act of war.
    Precisely, it IS a potential casus belli. That's EXACTLY why the Judicial Branch can render NO OPINION on it.

    Of course we are not discussing full blown war here thankfully, but the Mexican Government must seek restitution through diplomatic channels.

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