HERNANDEZ v. U.S.

Nos. 11-50792, 12-50217, 12-50301.

757 F.3d 249 (2014)

Jesus C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs-Appellants v. UNITED STATES of America; United States Department of Homeland Security; United States Bureau of Customs and Border Protection; United States Border Patrol; United States Immigration and Customs Enforcement Agency; United States Department of Justice, Defendants-Appellees Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs-Appellants v. Jesus Mesa, Jr., Defendant-Appellee Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs-Appellants v. Ramiro Cordero; Victor M. Manjarrez, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 2014.


Attorney(s) appearing for the Case

Robert C. Hilliard, Esq. , Rudy O. Gonzales, Jr. , Marion M. Reilly , Hilliard Munoz Gonzales , L.L.P., Corpus Christi, TX, Cristobal Miguel Galindo , Attorney, Houston, TX, Steve D. Shadowen, Esq. , Hilliard & Shadowen, L.L.C., Mechanicsburg, PA, for Plaintiffs-Appellants.

Henry Charles Whitaker , Helen Louise Gilbert, Esq. , Daniel Joseph Lenerz, Esq. , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Harold Edwin Brown, Jr., Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Defendants-Appellees.

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.


EDWARD C. PRADO, Circuit Judge:

This case involves a foreign national's attempt to invoke constitutional protection for an injury that occurred outside the United States. United States Border Patrol Agent Jesus Mesa, Jr. ("Agent Mesa"), standing in the United States, shot and killed Sergio Adrian Hernandez ("Hernandez") Guereca, a Mexican citizen, standing in Mexico. Hernandez's family sued, asserting a number of claims against...

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