Thread: Kin of Mexican teen shot by Border Patrol agent to sue

Kin of Mexican teen shot by Border Patrol agent to sue over death

By Adriana M. Chávez and Daniel Borunda \ El Paso Times
Posted: 01/15/2011 12:00:00 AM MST

Lawyers for the family of a Juárez teenager shot and killed by a U.S. Border Patrol agent in June have announced plans to file a lawsuit in federal court on Monday.

Sergio AdrÃ*an Hernández Güereca, 15, was shot and killed on June 7 by the agent, whose name has not be released by the agency.

Border Patrol officials said the agent fired after coming under attack by people throwing rocks near the Paso del Norte Bridge in Downtown El Paso.

Hernández died on the Mexican side of the river of a bullet wound to the head.

The agent was placed on regular duty a few days after the shooting. He has not been charged with wrongdoing, but the U.S. Justice Department launched a civil-rights investigation soon after the shooting.

"Even now, it feels like it was yesterday," the teen's father, Jesus Hernández, said Friday.

"There should be justice within the law," Jesus Hernández said. "We've done everything (authorities asked). We want my son's record cleared of all the lies. We want the American authorities to truly work and do their job."

The teen's family described him as a student who stayed out of trouble. But U.S. law enforcement officials said AdrÃ*an Hernández had a criminal record for guiding undocumented immigrants across the border.

The lawsuit against the U.S. government and other federal agencies, including the U.S. Border Patrol and the U.S. Bureau of Customs and Border Protection, will be filed by attorneys Bob Hilliard of Corpus Christi and Cristóbal Galindo of Houston on behalf of Sergio Hernández's parents, Maria Guadalupe Güereca and Jesus Hernández.
"When did we start allowing Border Patrol agents to shoot across the border and kill an unarmed teenager?" Galindo asked in a news release. "Sergio was like many young teens in Mexico. He loved to play soccer and wanted to one day become a soldier or police officer. The family deserves answers as to why the boy had his life cut short by a U.S. law enforcement official."

On a cell-phone video of the incident, a Border Patrol agent is seen arriving on a bicycle. As the agent attempts to detain a man on the U.S. side of the river, someone on the Mexican side of the river begins throwing rocks at him. On the video, the agent is seen pointing his handgun, and then three gunshots are heard. Sergio Hernández can then be seen lying on the ground on the Mexican side. The video doesn't show who was throwing rocks.

"The agent raised his firearm, intentionally and methodically took aim at an unarmed 15-year-old boy standing on Mexican soil and then pulled the trigger. Twice," Hilliard said in the news release. "The second bullet hit Sergio between the eyes, killing him."

Doug Mosier, spokesman for the Border Patrol's El Paso sector, declined to comment on the expected suit.

Hilliard and Galindo will have a news conference in Corpus Christi on Monday afternoon to talk about details of the lawsuit, a spokeswoman for Hiliard said Friday.

Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117.

Daniel Borunda may be reached at dborunda@elpasotimes.com; 546-6102.

http://www.elpasotimes.com/news/ci_17100598

We all know the kid was a smuggler.

our bp agents have every right to defend themselves against criminals, which was exactly what this boy was. I'm tired of their lawsuits and demands. the bp agent was just doing his job. we need to get tough on immigration and stop listening to the bs complaints, our officials need to have common sense. would a bank robbers family sue the police for shooting a bank robber who was trying to assault them? prolly not.

if the agent says it was self defense. i will take his word for it.
if BP says they have proof he was a smuggler, i will take their word for it.

There should be justice within the law," Jesus Hernández said. "We've done everything (authorities asked). We want my son's record cleared of all the lies. We want the American authorities to truly work and do their job

As we want justice and the American Authorities to do their job Like deport deport..But that isn't what you want, you cross over and live by a different set of rule of law here..When we do something to stand up to you we get sued or knocked down and called a racist, But when you are a so called victim you go all out to demand from us the americans that you live off....

So you sue us from mexico and you sue us in our own home. We are victims not you. You do not see Americans sneaking over to your country and delivering drugs or money. We do not take your jobs and leave your country bankrupt with all the freebies. The crime you bring with you here is outrageous!

If you would stay on your side and come here the right way then just maybe your son would be alive,Should have told him not to cross over illegally and say no to drugs if he was such a good boy he wouldn't have broken our law.

You son put our men in the spotlight not the other way around .They need to sue you for not controlling your good boy...Ok im shutting up

Related:
Family of Mexican Teen Fatally Shot By Border Patrol Set to File Lawsuit
http://www.alipac.us/ftopicp-1170413.html#1170413

It's all about the money. What gives this family the right to sue in American courts. They should have no standing.

Originally Posted by ReggieMay

It's all about the money. What gives this family the right to sue in American courts. They should have no standing.

They may not

They can file but the judge can dump it

Unless its a lib symp judge

Originally Posted by ReggieMay

It's all about the money. What gives this family the right to sue in American courts. They should have no standing.

How do you sue the U.S. government.?

Answer

Generally, a sovereign government cannot be sued unless it allows itself to be sued. In the United States, Congress has passed the Federal Tort Claims Act (FTCA) allowing the U.S. government to be sued for the tortious negligence of its employees that causes personal injury or property damage.

Prior to bringing a lawsuit under the Federal Tort Claims Act, it is required that a written claim be presented to the offending government agency. After the written claim is presented, six months must pass before a lawsuit may be filed in United States District Court. If the claim is denied in writing by the agency, the claimant must file suit within six months of the date of denial.

Generally, a written claim must be presented within two years of reasonable knowledge of the cause and existence of the injury, even for minors and incompetents. There are numerous other details and restrictions under the FTCA and it is advisable to have an attorney represent you in this potentially complicated area of the law. Other laws that allow claims to be made against the United States government, but do not allow a lawsuit may also apply such as the Military Claims Act (MCA) and Foreign Claims Act (FCA).

http://wiki.answers.com/Q/How_do_you_su ... z1B8iOY0rH

Federal Tort Claims Act -

Wikipedia

The Federal Tort Claims Act or "FTCA" ...

http://en.wikipedia.org/wiki/Federal_Tort_Claims_Act