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Court: Mexican family can sue
over fatal Border Patrol shooting

Fox News Latino, by Staff

Original Article

Posted By:KarenJ1, 7/2/2014 8:37:11 PM

A federal appellate court here ruled that a Mexican teenager fatally shot by a Border Patrol agent was protected by the U.S. Constitution despite the fact that he was on Mexican territory at the time of the incident. The ruling by the 5th U.S. Circuit Court of Appeals in El Paso held that the family of 15-year-old Sergio Adrian Hernandez Güereca may proceed with their $25 million civil suit over his death in 2010. U.S. District Judge David Briones earlier had ruled that the boy´s family lacked the right to sue the government because Sergio was on Mexican territory when he was

Comments:
Ain´t this grand! Despite the fact that he was in Mexican territory he´s protected by our Constitution. Heavy s/o Everything is just crumbling all around us. It´s really difficult to maintain optimism anymore.

      


Post Reply  

Reply 1 - Posted by: MirJoy, 7/2/2014 8:52:37 PM     (No. 9908961)

Total, total, chaos everywhere, and everyone keeps checking their whatever they´re called.

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Reply 2 - Posted by: Coy860, 7/2/2014 9:00:29 PM     (No. 9908965)

Using that logic, then Every American should become in a class action suit against the President of Mexico and the Mexican People for damages caused by illegal aliens entering our country and stealing our resources.

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Reply 3 - Posted by: saguni, 7/2/2014 9:09:32 PM     (No. 9908973)

I hope the defense successfully demonstrates how many people die from "rocks thrown by children."

I know how I´d vote were I to get on the jury.

But then, the same government that allowed those parents to sue, brought a drug-smuggling illegal alien gang member to court to testify against a border patrol agent.

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Reply 4 - Posted by: TXknitter, 7/2/2014 9:45:51 PM     (No. 9909001)

I am tired of so many Mexicans that think for some weird reason America continually OWES them.

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Reply 5 - Posted by: Heil Liberals, 7/2/2014 9:49:19 PM     (No. 9909004)

So, our Constitution applies in Mexico? Then free the Marine who was exercising his constitutional right to bear arms!

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Reply 6 - Posted by: planetgeo, 7/3/2014 2:27:47 AM     (No. 9909194)

My solution: just invade Mexico, take whatever oil and street tacos we feel pays for their invaders´ education, healthcare, etc., and leave a note at the non-border, saying, "Gracias. We´ll be back."

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Reply 7 - Posted by: CzndCitzen, 7/3/2014 6:13:54 AM     (No. 9909261)

We are so screwed.

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Reply 8 - Posted by: mathman, 7/3/2014 8:41:48 AM     (No. 9909419)

It is impossible to reconcile the decision of the Fifth Circuit and the preamble to the Constitution. "We the people" established the Constitution. The preamble establishes the presumption that the Constitution is for the people of the United States of America.
By no legal fiction can the constitution apply to non-citizens in a foreign country.
The decision about the lawsuit is judicial law making. The Fifth Circuit does not have the power, under the Constitution, to make laws. They have done so anyway.
The Fifth Circuit operates on its own, and does whatever it wants. Judicial tyranny is what they want. Why didn´t they just decide the case, while they were at it, and award the family the $25 million? There would have been a lot fewer court fees that way!

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