The U.S. Supreme Court has ruled, in a 5-4 decision, that families of foreign nationals shot by federal agents on foreign territory have no constitutional right to sue for damages in U.S. courts.
Attorney Cristobal Galindo, center, is accompanied by Jesus Hernandez, left, and Maria Guereca, and attorney Marion Reilly in front of the Supreme Court, in Nov. 2019.Attorney Cristobal Galindo, center, is accompanied by Jesus Hernandez, left, and Maria Guereca, and attorney Marion Reilly in front of the Supreme Court, in Nov. 2019.There's no dispute on whether Jesus Mesa Jr. killed 15-year-old Sergio Adrián Hernández Güereca.In 2010 Mesa, an on-duty U.S.
The parents argued that the federal agent's unreasonable use of excessive force violated the teenager's Fourth and Fifth Amendment rights, which protect a person from unreasonable search and seizure and assure due process protections.The majority-conservative opinion — 5-4 — affirmed previous lower court rulings that foreign nationals are not protected by U.S. federal laws, which can only be applied domestically.
The 20-page opinion cites numerous cases where Congress has enacted statutes creating a damages remedy for persons injured by government officers, while taking"care to preclude claims for injuries that occurred abroad."Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Chief Justice Roberts agreed.
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