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Legal Docket

Episode 7: Bivens Remedy

Legal Docket

WORLD Radio

Government

51.4K Ratings

🗓️ 8 September 2020

⏱️ 34 minutes

🧾️ Download transcript

Summary

Hosts Mary Reichard and Jenny Rough analyze Hernández v. Mesa, a case about a cross-border shooting. In 2010 a U.S. Border Patrol agent shot and killed a Mexican teenager who was standing on Mexican soil. Can the boy’s parents sue the Border Patrol agent for money damages? Legal Docket is a production of WORLD Radio. Support WORLD at wng.org/donate (https://donate.wng.org/).

Transcript

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0:00.0

This is Jenny Ruff calling for George.

0:14.0

Hi Jenny, this is George. How are you?

0:16.0

Good, how are you doing?

0:17.0

George Gomez has been a Border Patrol agent in El Paso, Texas for 13 years.

0:22.0

When it's time for his shift, he puts on a protective vest and

0:25.2

gun belt, grabs his vehicle keys and a pair of binoculars, night vision goggles if

0:29.9

it's an evening shift. His tour of duty assignment is urban. Other agents may be

0:35.5

assigned to a rural area and yet others remote. With urban his position is

0:40.9

right on the border. An urban assignment means a strong presence of border agents.

0:46.0

We literally have agents positioned within hundreds of yards of each other with an eyesight in order to deter entries from coming in illegally.

0:56.8

A concrete canal divides El Paso from Juarez, a city in Chihuahua in northern Mexico.

1:02.6

The Rio Grande is really not a deterrent.

1:04.8

It's not a mighty river.

1:06.6

The water usually comes up just to your ankles.

1:08.9

And if you can make it across the river

1:11.0

and scale that 18-foot wall, you're going to blend in.

1:14.8

If assigned a rule area, an agent patrols farm and ranch land.

1:19.3

Those areas, agents, you have a little bit more time to make an apprehension. Interstate 10 is the major

1:26.1

roadway that runs, cuts right through the middle of El Paso, whether it be someone here

1:31.0

illegally, narcotics, human smuggling, what have you.

1:35.0

They try to take that route of egress to get out of the El Paso.

1:38.6

And if assigned the remote area?

...

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