LexisNexis® Legal Newsroom
Family Of Mexican Teen Killed By Border Agent Sues

EL PASO, Texas - (AP) A federal lawsuit filed Monday in Texas accuses the U.S. Border Patrol of wrongful death and civil rights violations in an agent's fatal shooting of a 15-year-old Mexican boy in June. The lawsuit filed in El Paso on behalf of the family of Sergio Adrian Hernandez Guereca. ....

Massachusetts Gun Maker To Pay $600,000 In Wrongful Death Lawsuit

BOSTON - (AP) A Massachusetts gun-maker has agreed to pay nearly $600,000 to the families of one man who was killed and another man who was wounded in a shooting involving a gun allegedly stolen from the company, a national gun-control group announced Tuesday. Danny Guzman, 26, was slain outside. . ...

Another Cross-Border Shooting Death by U.S. Border Patrol?

"Guillermo Arévalo Pedroza was on the bank of the Rio Grande with his youngest daughter when the bullets started flying Monday night, his wife said. After he was hit, the 9-year-old girl wrapped her arms around him. Nora Isabel Lam Gallegos, 26, said she, Arévalo, a 36-year-old construction...

FBI: Friendly Fire Likely in Border Shootings

"A preliminary investigation has found friendly fire likely was to blame in a shooting that killed one federal agent and wounded another along the Arizona-Mexico border, the FBI said Friday, shaking up the probe into an incident that reignited the political debate over border security. "There...

Another Cross-Border Shooting Death on Arizona - Mexico Border

"A Border Patrol agent shot and killed a teenager in Nogales, Sonora, late Wednesday night after being shelled with rocks near the border fence. The Sonora State Investigative Police identified the fallen suspect as 16-year-old José Antonio Elena Rodríguez of Nogales, Sonora."...

Cross-Border Killings Raise Questions

"The unlikely scenario of Border Patrol agents in the United States gunning down Mexican rock throwers in Mexico has played out several times in the last two years, outraging the Mexican government, raising questions about the Border Patrol’s use of force, and causing diplomatic huddles between...

At the Texas Border, Death Rained from the Sky

The Guatemalan migrants who tried to make it to America last week no doubt expected trouble along the way, but I'm guessing they could not, in their wildest nightmares, have imagined being gunned down from the skies by a Texas Department of Public Safety helicopter . Two immigrants dead, a third...

Details Emerge, Questions Remain in Texas 'Rain of Death' Investigation

"Texas law enforcement agents were close enough to a pickup truck to see it was carrying people, not drugs, before one opened fire, killing two Guatemalan immigrants hiding under a cover in the vehicle's bed, a diplomat said Tuesday. Texas Department of Public Safety officials have said the...

Border D.A. Asks for Halt to 'Rain of Death'

"The Hidalgo County district attorney has asked the Texas Department of Public safety to temporarily suspend its practice of using airborne sharpshooters to disable vehicles suspected of criminal activity. Last week, two immigrants suspected of being in the country illegally were killed by a state...

Grand Jury Will Probe Helicopter Shooting of Immigrants in Texas

"The investigation into the shooting of two immigrants in Texas killed by a police helicopter intensified Wednesday after a South Texas prosecutor said would impanel a grand jury to probe the matter. Hidalgo County District Attorney Rene Guerra said after meeting with investigators that the case...

Quote For The Day

“There has got to be a better way of curbing illegal immigration than shooting them dead." - Texas State Senator Eddie Lucio Jr., Nov. 1, 2012 . - Eddie Lucio, Jr.

FBI to Review Texas 'Rain of Death' Shooting; DPS Chase Stats Appalling

"The Texas DPS chief on Friday asked federal agents to review the deaths of two Guatemalan immigrants, killed last week when a state trooper opened fire on a smuggling vehicle near La Joya. The Texas Rangers will hand over their investigation to federal agents upon completion, according to Texas...

Texas Helicopter Shooting Deaths: Excessive Use of Force

"Was it right for a Texas Department of Public Safety employee to shoot at a pick-up truck [from a helicopter,] resulting in the deaths of two undocumented immigrants? Was it a reasonable use of police force? Under the doctrine of proportionality, law enforcement officers are required to use only...

Texas Jettisons 'Rain of Death' Helicopter Policy

"Four months after a helicopter-borne Texas Department of Public Safety trooper mistakenly shot and killed two immigrants in the back of a fleeing pickup near the Mexican border, the agency has banned shooting from helicopters in similar scenarios. DPS Director Steve McCraw told members of the...

Border Patrol account of deadly Nogales shooting is disputed

"A Nogales teenager was simply walking down the street and not throwing rocks at U.S. Border Patrol agents the night he was shot and killed, a new witness says, contradicting the agency's initial statement." - Perla Trevizo, Arizona Daily Star, Mar. 30, 2013 .

No Indictments in Texas 'Rain of Death' Helicopter Shooting

"A grand jury has declined to indict a Texas trooper who fired from a helicopter at a fleeing pickup near the Mexican border last year, killing two Guatemalan immigrants and sparking controversy. The killings led the Texas Department of Public Safety to bar troopers from shooting at suspects from...

Border Patrol Agent Called for Non-Lethal Weapon Before Fatal Shooting

"The Border Patrol agent who shot and killed 17-year-old Ramses Barron Torres in 2011 made a last-minute call for non-lethal weapons prior to shooting through the border fence into Mexico, according to a new account of the shooting. The 10-page final report on the shooting from the Department of...

Lawsuits Challenge Border Patrol Shootings, Secrecy

"Bob Hilliard didn't become an attorney to take on civil rights cases. He's a big-time personal injury trial lawyer in Corpus Christi who sues companies like GM and Coca-Cola. His nickname is "The Bulldog." Today, Hilliard represents families in three Border Patrol shootings where...

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a Bivens action in this specific context in which an...

Mother of Slain Mexican Teen Sues Border Patrol, Seeks Trial in Shooting Death of Her Son

"Araceli Rodriguez, the mother of slain Mexican teen Jose Antonio Elena Rodriguez, filed a federal lawsuit today in Arizona to pursue justice for her son, who was killed nearly two years ago by U.S. Border Patrol agents, identified only as John Does in the lawsuit. She is demanding a jury hear evidence...

North Carolina: Evidence Establishes Taxi Driver Was Independent Contractor, Not Employee

A North Carolina appellate court affirmed a decision by the state’s Industrial Commission that found a taxi driver was an independent contractor and not an employee and, accordingly, could not recover workers’ compensation benefits following an incident in which the driver was shot in the...

The Top 10 Bizarre Workers’ Compensation Cases for 2014

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

Death on Sevenmile Road - Melissa del Bosque

"Mike Avila, the shooter, wasn’t a soldier, or a federal agent with Border Patrol; he was a state police officer with the Texas Department of Public Safety (DPS). On Oct. 25, 2012, in the outskirts of the border town of La Joya, local and state police responded within minutes to the shooting...

On the Texas - Mexico Border, Death Rains From the Sky

"It was in October of 2012 that a Texas Department of Public Safety helicopter joined in a hot pursuit in the Rio Grande Valley. Officers suspected that pick-up truck they were chasing was loaded with bales of marijuana. To bring an end the chase a sniper in the helicopter fired 15 times at the...

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under the Fourth or Fifth amendments. The court partially...