Jesus Hernandez and Maria Guereca brought a total of eleven claims against the US government, Mesa, and several Border Patrol supervisors, according to the text of the Appeals Court ruling. The first seven claims were brought under the Federal Tort Claims Act, based on “multiple allegations of tortious conduct,” and the next two claims involved allegations that Hernandez’s Fourth and Fifth Amendment rights were violated. The key claim, however, was that Mesa was liable under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics through his “use of excessive, deadly force.”
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14 comments:
Hernandez was from Mexico, yet has 4th and 5th Amendment Rights? Does not compute. It's bad enough what our governments hands them for entering illegally, but now they have our full Constitutional Rights in THEIR country? Holy hell.
If you believe in the constitution and the bill of rights then you should know that it does not stop at our borders. ALL MEN ARE CREATED EQUAL. Not all american citizens. Sorry if this is news to you but its pretty well spelled out.
Hey Mexican people, don't sneak across the border and throw rocks at throw rocks at people with guns. It's not healthy.
4:13 Sorry, I stopped reading at
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
I didn't see Mexico in there. My bad.
4:13 This is the Constitution of the United States of America. Fuck you.
4:13 If you wish to split hairs with the wording of the Constitution, then it only applies to men. So, you as a liberal Democrat, are saying that women are not created equal. Ladies, help me put this jerk in his place.
Sorry, 5:13, you're on your own on that.
5:06 Thank you for saying what I wanted to.
I'm a Border Patrol holding a gun that can kill whoever is not holding it. A trespasser on American soil throws a rock and puts my eye out. My consciousness in the next minute is now in question, and if I lose that, I could lose my life to whoever holds the gun.
GET IT NOW?
Chute 'im, 'lizabeth!
6:35 Sorry, I have no clue of what you are talking about. Perhaps you need to be pissed tested to comment on SBY news.
5:13 Yeah, that would be true. They are, in now way, created equal.
10:16, I guess I'll have to walk you through it. Let's say, for instance, that YOU are Border Patrol Agent Mesa and you are on an American citizen on American soil on duty at work armed with a deadly sidearm. A person, any person, regardless of sex, color, or citizenship, attacks you with a large rock causing you the injury shown in the photograph with just the first blow.
What would your next move be? You are now without vision in one eye, and if blood gets in the other one, you will be blinded. You have had a major trauma to the head. Will you lose consciousness from that? You are under attack by someone with a potentially deadly weapon.
If either of these things happen, who will become the new owner of your loaded sidearm and what will they do with it?
Will you wake up in an hour, or never?
Getting a "clue" now, 10:16?
Write back if you need a further explanation as to why Mesa was fully justified in killing his attacker.
Well said!
Anonymous Anonymous said...
If you believe in the constitution and the bill of rights then you should know that it does not stop at our borders. ALL MEN ARE CREATED EQUAL. Not all american citizens. Sorry if this is news to you but its pretty well spelled out.
July 1, 2014 at 4:13 PM
Our laws stop at our borders. Period.
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