Posted on 09/27/2007 11:53:20 PM PDT by South40
DOWNTOWN SAN DIEGO: A federal appeals court has ruled that foreign nationals who are arrested in the United States can't bring a federal civil rights suit if police don't tell them they can call their consulate.
The 2-1 decision by the 9th U.S. Circuit Court of Appeals came in a case of Ezequiel Cornejo, a Mexican man who was arrested by San Diego County sheriff's deputies in Fallbrook in 2004. He eventually pleaded guilty to charges of driving under the influence of drugs, and gun and drug possession. Cornejo later filed a federal lawsuit alleging his civil rights were violated because the deputies did not advise him that he could contact his consulate. His suit argued that Article 36 of the Vienna Convention on Consular Relations mandates that advice.
The appellate court ruled that the provision does not allow an individual the right to sue a local government for civil rights violations. The decision upheld a lower court ruling that threw out the suit, which had targeted San Diego County, as well as the cities of San Diego, Escondido and Oceanside. –G.M.
What’s with the 9th Circuit lately? Seems as though they’ve actually made several sane decisions in the last few weeks! Can this streak possibly last?
A Mexican can afford a Federal lawsuit? Where did the money come from?
The correct reply to this felon was “You don’t have no Stinkin’ civil rights because you ain’t a citizen, Now be gone!”. And then kick his butt over the border!
Foreign national=illegal alien. They left out driving on drugs, without a license or insurance, having a stolen non registered gun.
I think they are trying reverse psychology on the Supreme Court.
DNC
ping
He doesn’t pay taxes, so that money can be used to pay his fees.
Don’t get excited - it was two judges versus one in the Appeals Court. If the boy (or the legal point) is valued by his drug lords they’ll pony up the bucks to take it higher.
I had to go back and re-read that it was the 9th Circuit ... guess pigs are flying in San Diego today.
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