Federal Court: Border Agent Doesn't Have Immunity In Teen's Killing At Mexican Border
It would be "bizarre," the majority opinion states, for a border agent to be granted qualified immunity on the grounds that the teenager was not a U.S. citizen.
A federal appeals court is allowing a lawsuit over a Border Patrol agent's killing of a Mexican teenager to proceed, saying that if the plaintiff's version of events is correct, the agent "violated a clearly established constitutional right and is thus not immune from suit."
In her lawsuit, Araceli Rodriguez says U.S. Border Patrol agent Lonnie Swartz violated her son's Fourth Amendment rights against unreasonable search and seizure, as well as his Fifth Amendment rights — a claim that essentially accuses Swartz of executing her son without due process.
Ruling that Rodriguez's case should proceed, the majority of
