Federal government not liable for border agent who assaulted, terrorized migrants, appeals court says

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'The decision is certainly consistent with what my understanding of the [law] is,' one legal expert told Newsweek.

The federal government cannot be held liable for the actions of a Border Patrol agent who abused, sexually assaulted and buried alive migrants who had unlawfully crossed into Texas from Mexico in 2014, a three-judge panel concluded Tuesday.

After first apprehending the trio of Honduran migrants sitting on the side of a dirt road that runs along the Rio Grande on March 12, 2014, Manzanares ordered them into his official vehicle and began to drive them around, eventually applying restraints. "He struck her, kicked her, and strangled and choked her, and twisted her neck," the original lawsuit recalls about his abuse of the mother."At some point during the assault and battery, she became temporarily unconscious or significantly disoriented by Manzanares' strangling and choking her."

"The decision is certainly consistent with what my understanding of the act is," Paul Figley, a professor of legal rhetoric at American University Washington School of Law, told."The United States is liable for the negligence or wrongful act of a federal employee only when he or she is acting within the scope of their employment."

 

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