A San Diego federal judge defended Border Patrol’s use of deadly force against rock throwers in a case involving a lawsuit filed by the family of a Mexican man killed at the border.
Border Patrol Agent Dorian Diaz fatally shot Jesus Yanez Reyes, 40, while he allegedly was throwing rocks at agents who were pursuing him.
U.S. District Judge William Hayes ruled last week that Border Patrol agents should not be held liable for Reyes’ death, the Los Angeles Times reports .
“The Court concludes that the unique circumstances surrounding Yañez’s death implicate national security issues related to the security of our nation’s borders,” Hayes said.
Hayes also said Diaz is entitled to qualified immunity.
Lawyers for Reyes’ family plan to appeal.
“We feel strongly the law was clearly established on this point,” said attorney Gerald Singleton.