[Ed. – Well, that’s insane. The Bill of Rights doesn’t prevent law enforcement officers from firing in self defense INSIDE American territory. This looks to be a litigation nightmare for an already overburdened CBP.]
A Mexican teen’s family can sue a U.S. Border Patrol agent for violating the teen’s civil rights, because the teen is protected under the U.S Constitution’s 4th and 5th amendments, a federal judge in Tucson, Ariz., ruled on Thursday.
The ruling is the latest in a lawsuit filed by the American Civil Liberties Union on behalf of the family of 16-year-old Jose Antonio Elena Rodriguez who was shot by Border Patrol Agent Lonnie Swartz in 2012 during a rock throwing assault by the teen who was standing on the Mexican side of the U.S. border at the time of his death.
“The court was right to recognize that constitutional protections don’t stop at the border and that Border Patrol agents cannot shoot across the border with impunity,” ACLU attorney James Lyall told the Associated Press.
Sean Chapman, Swartz’s attorney, sought to have the case dismissed, arguing that Elena Rodriguez did not have constitutional rights, because he “neither came within the territory of the United States nor developed substantial connections with this country to justify its extraterritorial application.”
U.S. District Court Judge Raner C. Collins ruled against dismissal, allowing the civil rights case to move forward, according to the AP.