Source: NPR
In 2010, 15-year-old Sergio Adrián Hernández Güereca was shot and killed by an on-duty U.S. Border Patrol agent while Sergio was playing with his friends on the southern side of the U.S.-Mexico border. Sergio’s parents argued that the federal agent used unreasonable, excessive force which violated Sergio’s Fourth and Fifth Amendment rights. This past Tuesday, the Supreme Court, in a 5-4 decision, ruled that U.S. federal laws do not apply to foreign nationals outside of U.S. borders, and that Sergio’s parents could not sue.
In her dissent, Justice Ginsburg argued that Jesus Mesa, the U.S. border patrol agent, should be disciplined in order to deter other government agents from engaging in such atrocious acts. Further, Justice Ginsburg wrote that Sergio’s parents should be able to sue Mesa for violating their son’s constitutional rights. See the decision here.
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