Who was Sergio Adrian Hernandez-Guereca?
On June 7, 2010, Sergio Adrian Hernandez-Guereca, a 15 year-old Mexican resident was shot by Customs and Border Patrol agent Jesus Mesa, Jr. while playing with friends. Sergio was on the Mexican side of the Mexico–United States border, while former agent Mesa was on the American side.
While standing in the U.S., Jesus shot the gun at least twice, One of the bullets hit the Sergio in the face and killed him.
The family sues
In April 2015, Sergio’s parents filed suit, alleging that Jesus used excessive, deadly force against Sergio in violation of the United States Constitution. Jesus claimed immunity citing the government’s protection of officials from lawsuits unless the plaintiff can show that the government official violated a “clearly established” right. Jesus’ attorney’s argued that whatever rights Sergio had, they were not established at the time he was shot because he was standing in Mexico.
In a blow to justice for victims of border patrol deaths, the Supreme court voted 5-4 to deny the parents of Sergio Adrián Hernández Güereca from suing the border patrol agent who shot their unarmed 15-year-old son in a cross-border shooting in 2010.
The Supreme Court majority opinion argued that constitutional prohibitions and protections do not travel with the bullet, further enabling the rampant culture of death, abuse and violence that thrives among the ranks of the Border Patrol, and its parent organization, U.S. Customs and Border Protection (CBP).
Since 2010, more than 100 people have died at the hands of Border Patrol agents. The Southern Border Communities Coalition keeps track of these deaths here.