The Supreme Court's left-leaning justices on Tuesday appeared willing to allow a lawsuit filed by the parents of a Mexican teenager shot over the border by an American agent, but the case will depend on whether they can persuade a conservative colleague to join them. The high court heard arguments
1 / 2Supreme Court Border ShootingAttorney Cristobal Galindo, second from left, speaks accompanied by Jesus Hernandez, left, and Maria Guereca, and attorney Marion Reilly in front of the Supreme Court, Tuesday, Nov. 12, 2019, in Washington, after oral arguments. The case involves U.S. border patrol agent Jesus Mesa, Jr.
Mesa rode up on a bicycle, took Sergio's friend into custody, then fired across the border, killing Sergio with a gunshot wound to the face. The case tests a long-held doctrine, known as a Bivens action, where plaintiffs may sue federal officials for breaking constitutional law. Over the years, the courts have made it harder to bring claims.
"Why would it be limited to law enforcement as opposed to other governmental functions that happen here but happen to injure persons abroad?" Gorsuch asked. Sergio's shooting was not the only cross-border death. Parents of a teenager killed in Nogales, Mexico, from gunshots fired across the border by a U.S. agent have filed a civil rights lawsuit that is being delayed until the Supreme Court rules.
Sergio's family says playing a game with some friends where they'd race down to the culvert from the Mexican side and up the American side to touch an 18-foot fence.
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