WaPo: Cross-border slaying: Can dead teen’s family sue US agent? by Kevin McGill:
NEW ORLEANS — Whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation’s boundaries were at issue Wednesday when a federal appeals court heard arguments about the cross-border shooting death of a Mexican teenager by a U.S. Border Patrol agent.
Lawyers for the ACLU and the family of 15-year-old Sergio Adrian Hernandez Guereca told the 5th U.S. Circuit Court of Appeals that the family should be able to pursue a civil lawsuit in the United States against agent Jesus Mesa, who fired across the border from Texas in 2010, killing the teenager. Lawyers for Mesa and the U.S. Justice Department said Fourth- and Fifth-Amendment protections don’t apply to the teen.