Fox News Latino, from Associated Press
July 10, 2015
TUCSON, ARIZONA (AP) – The mother of a Mexican teen killed by a U.S. Border Patrol agent in a cross-border shooting can continue a lawsuit in the case, a federal judge has ruled.
The civil rights case against Agent Lonnie Swartz over the death of 16-year-old José Antonio Elena Rodríguez will go forward after U.S. District Court Judge Raner C. Collins denied a part of his motion to dismiss the case.
An attorney for Swartz argued that Rodríguez was not protected by the U.S. Constitution because he was in Mexico at the time of the shooting.
In a similar case in Texas, a federal appeals court ruled that a teen killed in Mexico by a border agent in El Paso was not protected by the Constitution.
But Collins wrote he respectfully disagrees with that finding.[...]
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