The U.S. Supreme Court on Tuesday barred a lawsuit against a Border Patrol agent...
WASHINGTON - The U.S. Supreme Court on Tuesday barred a lawsuit against a Border Patrol agent for fatally shooting a 15-year-old Mexican boy on Mexican soil from across the border in Texas, refusing to open the door for foreign nationals to pursue civil rights cases in American courts in such incidents.
The boy’s family sued in federal court seeking monetary damages, accusing Mesa of violating the U.S. Constitution’s Fourth Amendment ban on unjustified deadly force and the Fifth Amendment right to due process. The decision prevents civil rights lawsuits in U.S. federal courts involving such cross-border incidents when the person who is injured or killed is not on American soil.
Justice Samuel Alito, writing for majority, said the case presented “foreign relations and national security implications” and noted that Congress should decide whether such lawsuits can be permitted. “Mesa’s allegedly unwarranted deployment of deadly force occurred on United States soil. It scarcely makes sense for a remedy trained on deterring rogue officer conduct to turn upon a happenstance subsequent to the conduct - a bullet landing in one half of a culvert, not the other,” Ginsburg wrote.
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