texas

Court: Family of Teen Shot Across Border Can't Sue in U.S.

A U.S. Border Patrol agent who killed a teenager when he fired across the border from Texas into Mexico cannot be sued in U.S. courts by the Mexican teen's family, a federal appeals court ruled Friday.

The unanimous ruling was issued by the full 5th U.S. Circuit Court of Appeals and reverses most of an earlier 2-1 ruling by a three-judge panel of the court. An attorney for the teen's family said they haven't decided whether to appeal to the U.S. Supreme Court.

"We leave for others to decide whether this Court has lost its moral bearings," attorney Marion Reilly said in a written statement. "On behalf of the parents of an innocent slain teenager -- a human being, regardless of his nationality -- we simply note that they and we had not expected such a decision from a court of the United States

There's no dispute that the U.S. Border Patrol agent, Jesus Mesa Jr., shot 15-year-old Sergio Hernandez in 2010. At issue is whether the teen's family could sue him in U.S. courts.

With support from the Mexican government, the teen's parents argued that they should be allowed to sue in the U.S. court system because Mesa's actions all occurred on American soil. But the 5th Circuit ruled that, among other things, Mesa was entitled to immunity.

Mesa's attorney, Randolph Ortega, said Friday that "we're very happy" with the ruling. Noting that the 5th Circuit's ruling was unanimous, Ortega said he doubted the U.S. Supreme Court would take up the case if Hernandez's parents pursued an appel.

Copyright AP - Associated Press
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