Border Patrol Agent’s Lethal Force Objectively Reasonable, Fifth Circuit Finds
Law 360 reports that the U.S. Court of Appeals for the Fifth Circuit earlier this week upheld a district court’s finding that a Border Patrol agent who fatally shot an unarmed 18-year-old U.S. citizen in the back while he was running away was entitled to qualified immunity, saying the officer’s use of deadly force was objectively reasonable under the circumstances.
The three-judge panel rejected arguments made by Juan Mendez Jr.’s family members that the Texas district court erred by granting Border Patrol agent Taylor Poitevent qualified immunity on the Fourth Amendment claim they brought against him for use of excessive force over the shooting of Mendez near the Mexican border, saying a reasonable officer in Poitevent’s situation could have believed that Mendez posed a serious threat of harm.
The panel said that Mendez had struggled violently and aggressively against the officer in the moments leading up to the shooting and that he had proved to be a dangerous opponent during the struggle.
“In sum, we hold that Poitevent did not use excessive force because a reasonable officer in his situation could have believed that Mendez posed a threat of serious harm, justifying the use of deadly force,” the panel said. “Thus, we affirm the district court’s grant of qualified immunity.”
Here is the opinion in the case. Judge Edith Brown Clement wrote the opinion.
KJ