Kaplan Hecker & Fink Files Amicus Brief in Hernández v. Mesa

By: 
Kaplan Hecker & Fink LLP
Published on:
August 16th, 2019

Sergio Adrián Hernández Güereca, a 15-year old Mexican national, was shot and killed by a Customs and Border Patrol agent in the border area between El Paso, Texas and Ciudad Juarez, Mexico. The agent was standing in the United States when he pulled the trigger. Hernández was on the Mexican side when he died. The boy’s family now ask that they be allowed to sue the agent for killing an unarmed teenager without cause in violation of the United States Constitution. The agent argues that Mexican nationals should effectively have no recourse in an American court in any cross-border shooting case. But his arguments are based on the inaccurate belief that such lawsuits threaten to bankrupt federal agents and would deter them from policing the border. In fact, these concerns are greatly exaggerated, and offer no good reason to deny a remedy to plaintiffs like the Hernández family. Moreover, separation of powers concerns strongly support allowing a damages remedy.  Read why in our brief on behalf of prominent remedies and constitutional law scholars in Hernández v. Mesa.

Read the amicus brief here.