From the LA Times:
A U.S. Border Patrol agent can be sued for firing across the border and killing a 15-year-old Mexican boy, a federal appeals court ruled Monday, a decision with potentially broad consequences for the highly charged issue of law enforcement’s use of deadly force along the border.
The decision by a three-judge panel in New Orleans said the allegations in the 2010 shooting of Sergio Adrian Hernandez Guereca, if proven in court, would amount to “an official abuse of power so arbitrary as to shock the conscience.” Because of that, the case can go forward, the judges ruled.
That “15 year old boy” was someone in the employ of a cartel. Cartels use teenagers because if they get caught, the American judicial system still thinks it’s 1950 and sends them right back because “children are special” or some such mush-brained feel-good nonsense. This allows cartels to have very effective scouts who can deliver information on operations almost immediately. They’re treated with kid gloves by the fedgov and they take every advantage of it. The law treats them as misguided waifs, rather than career criminals – and thus provides criminal organizations with operatives who are immune to the law.
What the story buries is that the “boy” was throwing stones at the agent while the agent was handcuffing another smuggler. The “boy” was high in a drainage ditch with an angle to exploit plunging fire while the agent was fighting with another alien he was apprehending.
Lawyers in the case say it’s the first time that an appeals court has extended the protections of the U.S. Constitution to a noncitizen on the Mexican side of the U.S. border.
“It’s a huge human rights victory,” said attorney Robert Hilliard, who represents the boy’s family. “It gives you a voice inside a U.S. courtroom. They have to focus on, ‘Did the border agent do something wrong?'”
It’s a “human rights victory” if you call being able to throw stones at federal agents a “human right”.
Border Patrol officials declined to comment on the decision, which reaffirmed the long-standing rule that the agency itself cannot be sued because of the government’s sovereign immunity. The agent, Jesus Mesa Jr., is liable to the suit because his actions went beyond his lawful authority, the judges said.
“No reasonable officer would have understood Agent Mesa’s alleged conduct to be lawful,” they wrote.
EVERY reasonable officer would’ve understood Agent Mesa’s conduct to be lawful. He was fighting with one alien and getting stones thrown at him by another alien.
This is what happened to one agent down in the Rio Grande Valley a couple years back:
He went to go catch a group of aliens who proceeded to ambush him and throw stones at him and his vehicle. A chunk of concrete thrown by an alien went through his window and smashed him in the face, incapacitating him. I don’t know about other injuries, but I know the group was large (numbers I heard were in the 20s), and a motorcycle tire was thrown through the back window of his vehicle as well.
It’s not exactly uncommon, either.
Thing is, a rock is a perfect weapon against US agents. Hamstrung by racist organizations like The Race with lawyers that exist to target federal agents, an illegal alien can throw a rock, cause harm, and immediately say they were unarmed. As soon as their projectile is in the air, they can claim they don’t want any trouble. They can reach for another one and throw it, and they can play the same game over and over.
The very thing they were hired to do was to apprehend illegal aliens breaking into the country – whether simply breaking in or smuggling. And with this ruling, a federal agent can now be stoned to death or face a lawsuit – or be forced to retreat from doing their job – ever.
“These are not small harassing attacks,” said Shawn Moran, vice president and spokesman for the National Border Patrol Council, referring to the rock-throwing incidents. “They are more like biblical stonings.”
Moran added that agents were now “open to civil liability for doing their job.”
To those in the media, they’re just “kids throwing rocks” and the judges are right and the agent is a maniac who wants to murder honor students.
Some of those people claiming it’s just “kids throwing rocks” would find their perception changes if they were to be pelted with stones and rocks and chunks of concrete in order to get them to understand the actual perception of a “reasonable officer” who’s being rocked. If Mesa’s lawyer told the judges he was going to throw stones at them for a while in court, and then did so, it would’ve been a 3-0 in favor of Mesa.