IF YOUR EVER GOING TO SEE ME DEFEND AN ILLEGAL ALIEN, IT WOULD BE IN THIS CASE. WHAT’S THE LEGAL PRECEDENT HERE?
By Ralph Ellis and Amir Vera, CNN
Updated at 2057 GMT (0457 HKT) September 30, 2019
Ismael Lopez and his wife, Claudia Linares.(CNN) — An attorney for a city in Mississippi said in court documents a man who was shot by police in a case of mistaken identity has no Fourth or 14th Amendment protections because he was not a US citizen.Ismael Lopez was shot and killed at his mobile home in July 2017 after police mixed up his address with that of a man wanted for domestic assault. Murray Wells, an attorney representing Lopez’s family, said an investigation commissioned by his firm revealed that Lopez died of a single bullet to the back of the head.Related Article: Attorney: Mississippi man shot in back of head by policeIn June, Lopez’s family filed a $20 million wrongful-death lawsuit in federal court against Southaven, the city’s police chief and the officers involved in Lopez’s death.In response, an attorney for the city filed a motion to dismiss the lawsuit on September 4, saying Lopez had no Fourth or 14th Amendment protections because Lopez was an “illegal alien” at the time of his death.A number of Supreme Court rulings, such as an oft-cited 1982 decision over the right to education in public schools, have found that constitutional protections do apply to undocumented immigrants. How that plays out in practice is frequent fodder for courtroom battles, including a litany of pending lawsuits over various Trump administration immigration policy changes.Read MorePAID CONTENT