Cops shoot someone with single shot to the back of the head, then city says he has no civil rights as he's an illegal alien

[Indus]

Cops At Wrong House Kill Undocumented Man, City Claims He Had No Constitutional Rights

Police in Southaven, Mississippi, killed Ismael Lopez, an undocumented man, in 2017 after going to the wrong address.

www.huffpost.com

Police allege Lopez appeared at the front door with a handgun — a claim refuted by Lopez’s wife, who was home at the time. Wells said Lopez, who was not wanted for any crime at the time of his death, was killed by a single bullet to the back of the head.

Last July, a local grand jury declined to indict the two officers involved in the fatal shooting. About a year later, Lopez’s family filed a $20 million wrongful death lawsuit in the U.S. District Court in Oxford, Mississippi, against the city of Southaven, the chief of Southaven police and the officers involved in Lopez’s death.

Attorneys for the city of Southaven, located in the Greater Memphis area, have since attempted to convince the court to dismiss the suit by arguing that since Lopez was an undocumented immigrant and thus had no “legally recognized relationship” with the U.S., he enjoyed no constitutional protections on American soil.

He specifically had no rights under the Fourth Amendment, which prohibits unreasonable searches and seizures, nor the 14th Amendment, which promises equal protection to all citizens, the attorneys said in court documents filed this month.

Is it just me or this stinks all around?

 

[ch33zw1z]

You forgot to include the important part at the end:

As The Washington Post noted, the U.S. Supreme Court has ruled on multiple occasions that people on U.S. soil are guaranteed certain basic rights, no matter their immigration status.

Wells said he and the Lopez family were appalled by the tactics employed by the city of Southaven.

“We’re stunned that someone put this in writing,” the attorney told the Post.

 

[UNCjigga]

Pretty sure the Fourteenth has been shown time and time again to apply to ALL people on US soil... but hey, this Administration is taking the country straight to hell so I’m sure that can change too.

 

[Greenman]

Pretty sure the Fourteenth has been shown time and time again to apply to ALL people on US soil... but hey, this Administration is taking the country straight to hell so I’m sure that can change too.

That's what I thought as well, but is it correct? Does an illegal enjoy all of the same rights as a citizen?

I'm also pretty curious about the "shot in the back of the head" part. How could he be threatening the police if he wasn't facing them? Front or side, ok, that's possible, but behind him is a little tough to accept.

 

[K1052]

That's what I thought as well, but is it correct? Does an illegal enjoy all of the same rights as a citizen?

I'm also pretty curious about the "shot in the back of the head" part. How could he be threatening the police if he wasn't facing them? Front or side, ok, that's possible, but behind him is a little tough to accept.

Yes, the government cannot legally murder people just because they are in the country illegally. But as a practical issue the government gets away with executing it's own citizens all the time. The police rarely encounter consequences for bad shootings or other excessive uses of force resulting in death.

 

[dank69]

That's what I thought as well, but is it correct? Does an illegal enjoy all of the same rights as a citizen?

I'm also pretty curious about the "shot in the back of the head" part. How could he be threatening the police if he wasn't facing them? Front or side, ok, that's possible, but behind him is a little tough to accept.

"All" the same rights? No. No right to vote, for starters. Right to life? Yes.

 

[Hayabusa Rider]

This argument has long been dismissed, going back to the 1800's and onward. The city is dancing around and presenting a laughable defense.

Someone is going to pay financially, politically and hopefully criminally.

 

[Puffnstuff]

As appalling as it is for them to shoot an innocent man the truth is that the constitution was written specifically for American citizens. The family will have to pursue a civil complaint against the popo.

 

[Hayabusa Rider]

As appalling as it is for them to shoot an innocent man the truth is that the constitution was written specifically for American citizens. The family will have to pursue a civil complaint against the popo.

That is explicitly incorrect as established by precedent before your great grandad. Anyone within the US borders or territory has certain inherent rights, and not being murdered is one. To be sure ALL rights do not, but in life and death? That exists.

 

[dank69]

That is explicitly incorrect as established by precedent before your great grandad. Anyone within the US borders or territory has certain inherent rights, and not being murdered is one. To be sure ALL rights do not, but in life and death? That exists.

Yeah, any lawyer that suggested this defense should probably be disbarred, and any official attempting to use this defense should be removed from whatever position they hold and be prevented from holding any government job moving forward.

 

[s0me0nesmind1]

This argument has long been dismissed, going back to the 1800's and onward. The city is dancing around and presenting a laughable defense.

Someone is going to pay financially, politically and hopefully criminally.

"Someone" ? Yeah, the taxpayers lol.

Like if there is a gun buy-back program, who do you think is paying for it?

 

[Jaskalas]

Attorneys for the city of Southaven, located in the Greater Memphis area, have since attempted to convince the court to dismiss the suit by arguing that since Lopez was an undocumented immigrant and thus had no “legally recognized relationship” with the U.S., he enjoyed no constitutional protections on American soil.

Whoa, no protection... against murder? Oh HELL NO.

I am vehemently anti immigration, but people have basic human rights. People being... anyone, anywhere, anytime.

 

[IronWing]

As appalling as it is for them to shoot an innocent man the truth is that the constitution was written specifically for American citizens. The family will have to pursue a civil complaint against the popo.

This interpretation certainly would put a damper on tourist visits to the U.S.

 

[sandorski]

Human Rights are Rights given to Humans, not [insert Nationality/Group here]

 

[K1052]

"Someone" ? Yeah, the taxpayers lol.

Like if there is a gun buy-back program, who do you think is paying for it?

If governmental entities don't like having to pay up for misconduct of their police forces maybe they should have police forces with less misconduct.

 

[K1052]

This interpretation certainly would put a damper on tourist visits to the U.S.

I hear Saudi Arabia is going to issue more tourist visas so we've got competition.

The downside is that you have to apply at their consulates where there is a 5% chance you'll be hacked to pieces.

 

[s0me0nesmind1]

If governmental entities don't like having to pay up for misconduct of their police forces maybe they should have police forces with less misconduct.

I never said they shouldn't. Just don't sit there and act like the police force will suffer in the slightest. It's not like they are going to punish them by cutting their paychecks by a 1/3. If they need extra money they will just tax the residents more. It's fucking stupidity at its finest.

 

[pauldun170]

The issue here is specific in regards to Citizenship and specifically involves naturalization.
Birthright citizen ship is clearly defined in our legal framework and history. The only people who have issues with birthright citizenship are idiots who are best blocked on forums and voted out of office.

Bill of rights doesn't care about citizenship at all
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As years went by, they started thinking about how to handle naturalization
After the fact the US started putting thought into it and it was pretty much any White person who sat in the same spot in the US for 2 years was automatically naturalized as a US citizen. Eventually they changed it to 5 years
Then they said the Federal Government should be define the process and the in the early 20th century the big change was "Record who entered the country"

Prior to the fourteenth, States were assholes when it came to this part
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. "
For example, Freedom of Speech? Nope. States could lock you up for saying the governor was a dick.
Right to speedy trial? Nope, State could toss you in a cell and throw away the key without even giving you a trial.

The 14th amendment basically established that the individual states had to stop being dicks.

14th Amendment established that anyone born or naturalized in the US are
Note the wording
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.

There is a reason why the switched the working halfway through.
First part - if you were born in a state or naturalized as a citizen of the state you are automatically a citizen of the US. Keep in mind the year this was written. You had foilks in the country that predated the whole "The federal government is top chief with whole immigration thing"

Second part as written does not mention citizenship because it is not relevant. It says that "states are to stop being dicks to people" and that ALL people are protected by the law.

For a city to say that a person residing in the US can be deprived of life without due process of law means ignoring this whole bit and going fill bag of dicks,
"nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws."

 

[K1052]

I never said they shouldn't. Just don't sit there and act like the police force will suffer in the slightest. It's not like they are going to punish them by cutting their paychecks by a 1/3. If they need extra money they will just tax the residents more. It's fucking stupidity at its finest.

This doesn't happen because the voters (taxpayers) don't demand it.

 

[Sunburn74]

The fact the grand jury declined to indict and the fact the prosecutor refused to released the files on the closed case is pretty strong evidence that they presented basically to actually try and get a conviction. It's again asinine that in this country the best friends of the police officers get to lead the prosecution against them.

 

[Puffnstuff]

This interpretation certainly would put a damper on tourist visits to the U.S.

Well we have plenty of federal and state laws that address the issue at hand.

 

[Paladin3]

Related story with more details about the shooting itself. He was shot through a door because at least one officer said he saw a rifle barrel pointing at him through a crack in the open door. Rifle was found inside, but forensics couldn't find any evidence that Lopez had been holding it. And, the cops were at the wrong house to begin with. They guy they were after lived across the street. They even knew they might be at the wrong address prior to the door knock.

Also: "The FBI began an investigation into a federal civil rights complaint against Southaven Police, but the department said in an October 2018 letter that it would decline further action because "it has been determined that a violation of Lopez's federal civil rights could not be successfully prosecuted beyond a reasonable doubt in a federal district court."

 

[hal2kilo]

As appalling as it is for them to shoot an innocent man the truth is that the constitution was written specifically for American citizens. The family will have to pursue a civil complaint against the popo.

It just says persons.

 

[s0me0nesmind1]

Related story with more details about the shooting itself. He was shot through a door because at least one officer said he saw a rifle barrel pointing at him through a crack in the open door. Rifle was found inside, but forensics couldn't find any evidence that Lopez had been holding it. And, the cops were at the wrong house to begin with. They guy they were after lived across the street. They even knew they might be at the wrong address prior to the door knock.

Also: "The FBI began an investigation into a federal civil rights complaint against Southaven Police, but the department said in an October 2018 letter that it would decline further action because "it has been determined that a violation of Lopez's federal civil rights could not be successfully prosecuted beyond a reasonable doubt in a federal district court."

Should an illegal immigrant be able to own an unregistered firearm? hehe

 

[Paladin3]

Should an illegal immigrant be able to own an unregistered firearm? hehe

He shouldn't be killed for it unless he actually was pointing it at those cops, which forensics and his wife said he didn't.