Rutherford Institute Asks United States Supreme Court to Uphold Excessive Force Lawsuit Against Border Patrol Agent for Shooting Mexican Child at Play!
(2019-08-19 at 20:10:19 )

Rutherford Institute Asks United States Supreme Court to Uphold Excessive Force Lawsuit Against Border Patrol Agent for Shooting Mexican Child at Play

WASHINGTON, DC -The Rutherford Institute has asked the United States Supreme Court to hold a United States Border Patrol agent accountable for shooting and killing a young Mexican boy who was playing in a culvert within feet of United States territory and posed no threat to anyone.

In an amicus brief filed with a coalition of human rights organizations in Hernandez v. Mesa, Rutherford Institute attorneys are challenging a lower court ruling that border patrol agents cannot be sued for injuries they inflict by shooting across the border.

The brief urges the Supreme Court to reinstate the excessive force lawsuit against a Border Patrol agent (a United States citizen on United States soil) for shooting 15-year-old Sergio Hernandez (a Mexican national) in the head.

Attorney Hope Metcalf of New Haven, Conn., assisted the coalition in advancing the arguments in Hernandez.

"For years now, the United States of America has been faced with a crisis over what the Constitution means and to whom it applies.

Thus far, the courts have rationalized all manner of human rights abuses by government officials-use of excessive force, extraordinary rendition, torture, waterboarding-as long as those abuses take place outside the United States," said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of "Battlefield America: The War on the American People".

"However, the government should not get a free pass just because it perpetrates its abuses beyond our borders. As Thomas Jefferson advised, all government agents should be bound by the chains of the United States Constitution."

In the summer of 2010, 15-year-old Sergio Hernandez and several friends were playing in a concrete culvert that separates El Paso, Texas, from Juarez, Mexico.

The borderline between the United States and Mexico runs through the culvert with an 18-foot fence on the United States side.

As Sergio and his friends played a game where they would run up the United States side of the culvert and then scamper back down, a patrol of United States border agents approached the boys, seizing one of the boys as he tried to run away.

Sergio and the other boys ran back down the culvert embankment onto Mexican territory. After Sergio ran past Border Patrol Agent Jesus Mesa and toward a bridge pillar in the culvert, Mesa allegedly drew his firearm and shot Sergio in the head.

At the time the shot was fired, the Border Patrol agent was in United States territory and the teenager was in Mexican territory.

Soon after the shooting, the United States government issued a press release asserting that Mesa shot the 15-year-old in self-defense, however cellphone videos of the incident discredited the claim.

When the United States government refused to prosecute Mesa or allow his extradition to Mexico to face charges, Sergios family filed a civil rights complaint in a federal district court in Texas.

In June 2016, the United States Supreme Court ruled the Border Patrol agent was not immune from the lawsuit and remanded the case to a lower court.

The lower court subsequently held that border patrol agents cannot be sued for injuries they inflict by shooting across the border. In their amicus brief supporting the Hernandez family, The Rutherford Institute and a coalition of human rights organizations, including Amnesty International, the Center for Constitutional Rights, and Human Rights First, argue that Sergios presence in Mexico should not have been a factor in dismissing the excessive force lawsuit because international law supports allowing federal agents to be sued for using unwarranted deadly force against persons who are not on United States soil.

This press release is also available at "The Rutherford Institute" .

Reprinted here with the gracious permission of "The Rutherford Institute" - Dedicated To The Defense Of Civil Liberties And Human Rights!!