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Mother of Mexican teen fatally shot by border patrol agent can sue, judge rules
Source: Associated Press
Mother of Mexican teen fatally shot by border patrol agent can sue, judge rules
Associated Press in Tucson
Friday 10 July 2015 17.37 BST
The mother of a Mexican teen killed by a US border patrol agent in a cross-border shooting can continue a lawsuit in the case, a federal judge has ruled.
The civil rights case against Agent Lonnie Swartz over the death of 16-year-old José Antonio Elena Rodríguez will go forward after US district court judge Raner C Collins denied a part of his motion to dismiss the case.
An attorney for Swartz argued that Elena Rodríguez was not protected by the US constitution because he was in Mexico at the time of the shooting.
In a similar case in Texas, a federal appeals court ruled that a teen killed in Mexico by a border agent in El Paso was not protected by the constitution.
But Collins wrote he respectfully disagrees with that finding.
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Associated Press in Tucson
Friday 10 July 2015 17.37 BST
The mother of a Mexican teen killed by a US border patrol agent in a cross-border shooting can continue a lawsuit in the case, a federal judge has ruled.
The civil rights case against Agent Lonnie Swartz over the death of 16-year-old José Antonio Elena Rodríguez will go forward after US district court judge Raner C Collins denied a part of his motion to dismiss the case.
An attorney for Swartz argued that Elena Rodríguez was not protected by the US constitution because he was in Mexico at the time of the shooting.
In a similar case in Texas, a federal appeals court ruled that a teen killed in Mexico by a border agent in El Paso was not protected by the constitution.
But Collins wrote he respectfully disagrees with that finding.
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Read more: http://www.theguardian.com/world/2015/jul/10/mexico-arizona-border-patrol-jose-antonio-elena-rodriguez-lawsuit