Aug 19, 2011

The Border: Judge dismisses part of suit over Mexican teen shot by U.S. agent

CNN.com: A lawsuit against the United States brought by the parents of a 15-year-old boy who was fatally shot by a border patrol agent has been dismissed by a U.S. district judge. Under the ruling, the family's claims against the agent himself can proceed separately.

Sergio Adrian Hernandez Guereca of Ciudad Juarez, Mexico, was fatally shot June 7, 2010. Authorities said at the time that Hernandez was throwing rocks at the agent from the Mexican side of the border before the agent opened fire. ... The officer (was) identified in court documents as Jesus Mesa Jr....  Hernandez's parents ... filed a lawsuit against Mesa, the United States and every office involved with border protection.

... Judge David Briones ruled, in short, that precedent prohibits the family from suing the United States because the injury happened on the Mexican side of the border, even though the action originated on the U.S. side. But the judgment also ... separated the claims against the United States from the claims against Mesa.  ...
By severing the claims against the United States and then ... dismissing the charges, the judge allowed Hernandez's family to appeal last week's ruling immediately. Separately, the claims against Mesa continue.

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