Supreme Court's conservatives shield border agent in killing of unarmed teenager in Mexico
The Supreme Court’s conservative majority on Tuesday shielded a U.S. border agent from being sued for shooting and killing an unarmed teenager standing on the Mexican side of the Rio Grande.
Rep. Joaquin Castro , chairman of the Congressional Hispanic Caucas, called the ruling “an assault on basic civil and human rights. The U.S. Supreme Court today has legalized murder without cause in cases where a U.S. border patrol agent shoots a Mexican national standing on the Mexican side of the border.”The case began in 2010 when 15-year-old Sergio Adrian Hernandez was playing a dangerous game with several friends in the dry culvert that separated El Paso from Ciudad Juarez, Mexico.
The teenager’s parents then filed a wrongful death suit, alleging the agent had violated the 4th Amendment’s ban on “unreasonable searches and seizures” and the 5th Amendment’s protection against depriving someone of “life... without due process of law.”Ever since, the federal courts have gone back and forth on whether the parents’ suit could proceed. The Supreme Court took up the case once before, but in 2017 sent it back to Texas without reaching a final decision.
In 1971, the court had said in Bivens vs. Six Unknown Named Agents that FBI agents could be sued for violating the 4th Amendment. But Alito said the court was unwilling to go further.
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