The Catholic University of America

Mary Leary, professor, law, was quoted in a Catholic News Agency story on the Supreme Court case involving a Mexican teen shot dead by a border patrol agent. See below.

Supreme Court hears case of Mexican teen shot at border

From: Angelus
Date: Feb. 25, 2017
Author: Catholic News Agency


... “This is a difficult case, as its facts are very compelling for the plaintiffs, but the law is less so,” said Mary G. Leary, professor of law at The Catholic University of America. Leary spoke with CNA about the case Hernandez v. Mesa currently before the Supreme Court.

At the U.S.-Mexico border in 2010, three Mexican boys played a game of “chicken” by seeing who would run the closest to the border. Fifteen-year-old Sergio Hernandez crossed the border and was noticed by border patrol agent Jesus Mesa. As Hernandez ran back into a culvert between the walls on either side of the border, the agent shot him dead.

Mexico requested that Mesa be extradited for the killing, but the U.S. refused. Hernandez’s family sued for damages, claiming that the Fourth Amendment protects against such use of force on the border. Although the Hernandez family has appealed to the Constitution, the Fourth Amendment protections might not necessarily apply in the case, Leary said. ...


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