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Transcript

Hernandez v. Mesa

Sabina Vargas

EQ: Should Hernandez's parents be able to sue border patrol officer Mesa?

Process

1.Learned about:

Closing

  • Amendments
  • U.S Court System
  • The Supreme Court of the United State
  • Own Court case

Strengths & Weaknesses

Strengths:

Weaknesses:

2.Research on two precedents

  • Organization
  • Good claims
  • Choosing best evidence
  • Proficient paper

Connections

  • Communication
  • Tennessee v. Garner
  • Bivens v. Six Unknown

World: Understand the Supreme Court and precedents

3. Turning claims into thesis

Class: Finding the best evidence

4. Feedback and revisions

Leadership

Skill

Thinking Critically:

  • Had to find the best evidence
  • Analyzing is hard for me
  • Had to be independent

Thesis

Based on past Court decisions, Sergio Hernandez’s parents have the right to sue the U.S border patrol officer Mesa because their son was not a deadly threat and therefore his Fourth Amendment rights were violated.

Hernandez v. Mesa

Tennessee v. Garner

Issue

Summary

The question here, is whether the 4th Amendment ban on reasonable seizures and the unjustified use of deadly force stops at the U.S border or extends to border areas patrolled by U.S agents.

Decision?

  • When: October 3, 1974
  • Who: Edward Garner, Elton Hymon
  • Where: Memphis, Tennessee

The Court has unfortunately not come to a decision for several reasons. Sergio was killed on Mexican soil and Sergio's parents are not American citizens.

Precedent: a past decision; they are brought up in similar court cases for guidance

  • What: Garner was shot and killed by officer Hymon

Evidence

  • Why: Garner stole $10, a purse and tried to flee
  • How: Climbing a fence unarmed

The U.S Supreme Court came to a decision where as, “under the Fourth Amendment, when a law officer is pursuing a fleeing suspect [they] may not use deadly force to prevent escape unless ... suspect poses a significant threat of death” (Tennessee v. Garner)

Summary

  • When: June 7, 2010
  • Who: Sergio Hernandez, Jesus Mesa
  • Where: Cement culvert of the Rio Grande
  • What: Sergio was shot by Mesa
  • Why: Sergio seemed "threatening"
  • How: Shot Sergio in the head while trying to escape
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