Things That Matter

A City Claims A Family Can’t Sue Over A Wrongful Death Because Undocumented People Don’t Have Rights Under Constitution

The original wording of the Fourth Amendment in the Constitution stated, that “‘each man’s home is his castle,’ secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.” A revised version states, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In other words, authorities cannot probe into people’s private information, home or belongings, without probable cause. Those laws apply to everyone, right? That’s not what some officials in one city in the United States believe. They’re claiming those laws do not apply to undocumented immigrants. 

In 2017, police were called to check on a domestic abuse suspect in Southaven, Mississippi. They went to the wrong house and shot and killed Ismael Lopez. 

Credit: Local 24 Memphis / YouTube

On a late Sunday evening, in July of 2017, police were called to serve a warrant for the arrest of a suspected domestic abuser named Samuel Pearman. His address was 5878 Surrey Lane, CNN reported, and police ended up going to a mobile home across the street where Ismael Lopez lived with his wife. Police entered Lopez’s home and ended up shooting him in the back of the head. He died on the scene. 

“It is so troubling to learn that not only this man died but that this man died running away from people who were trespassing on his premises after he was in bed lawfully,” Murray Wells, an attorney representing the Lopez’s family, told reporters, according to CNN

The Lopez family filed a $20 million lawsuit for his death after a jury failed to indict the police officers on the scene. The City of Southaven fired back with their own lawsuit saying Lopez has no rights under the constitution because he was an undocumented immigrant.

Credit: Local 24 Memphis / YouTube

This case is like most cases involving the police, the investigation had conflicting reports. Lopez’s wife claims the police came in unannounced, and the lawyer says bullet holes outside of the home support her story. The police say that Lopez pointed a gun at them. However, Lopez’s wife said that wasn’t the case. The police also shot and killed their dog. City attorneys are also questioning the credibility of Lopez’s widow, with claims they were never married, and that she was married to multiple men. Lopez’s attorney showed the documents to prove they were legally married in 2003. 

“It’s a real shame that they have to use these tactics to soil someone’s name when she lost her partner, the love of her life, in a tragic accident,” attorney Aaron Neglia said according to the Washington Post

So, does the constitution protect undocumented immigrants? The answer is a resounding yes even though the matter is still taken up in courts all the time.

Credit: Local 24 Memphis / YouTube

“Yes, without question,” Cristina Rodriguez, a professor at Yale Law School told PBS. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”

Undocumented immigrants have the right to legal counsel, under the Sixth Amendment, they also have the right to due process under the Fifth Amendment. So, if the courts are already practicing the law under the constitution when it applies to undocumented immigrants, then the Fourth Amendment and all of them for that matter apply to them as well. 

Southaven attorneys have a different point of view. According to the Washington Post, attorney Katherine S. Kerby wrote, “If he ever had Fourth Amendment or Fourteenth Amendment civil rights, they were lost by his own conduct and misconduct. Ismael Lopez may have been a person on American soil but he was not one of the ‘We, the People of the United States’ entitled to the civil rights invoked in this lawsuit.”

We shall see how this case plays out in court.

Watch the full news report below.

READ: Advocacy Groups Suing ICE For Mass Raid In Tennessee, Claiming They Violated Workers’ Constitutional Rights

Man Posts Plea For People To Social Distance After Falling Ill Of COVID-19 And Died The Next Day

Things That Matter

Man Posts Plea For People To Social Distance After Falling Ill Of COVID-19 And Died The Next Day

Tommy Macias / Facebook

The world is still in the midst of a deadly viral pandemic. COVID-19 is not going away on its own and there are things that people can do to slow the spread. One of the most effective tools is wearing a mask followed up by social distancing. One man thought he could ease up and contracted the virus. Here is his warning.

A man known as Tommy Macias died one day after warning people about the dangers of COVID-19.

Credit: Tommy Macias / Facebook

Macias died the next day after posting this message on Facebook warning his friends and family about the dangers of COVID-19. According to the man’s post, he attended a party and contracted the virus there. Health experts have warned against gathering with friends and family right now. Parties have become some of the most infectious sites leading to the current outbreaks across the country.

Macias’s Facebook post touches on a point that drives home the importance of wearing face masks. After being exposed, he then exposed his entire family because he ignored health regulations.

The man’s death from COVID-19 has created a fear among his friends.

“Don’t take advantage of the unknown, don’t expect things to be fine. Take this shit seriously,” @flawlessbikerzcordova wrote on Instagram. “I had been diligent about wearing my mask but from time to time loosen up around the crew and friends. Not anymore!”

The U.S. is seeing a spike in cases across several states and cases are increasing in 35 states. The U.S. has seen record infection numbers in recent days and that trend is mirrored in Calfornia where the sudden reopening of the economy led to a runaway outbreak in the state.

Macias is now one of the more than 127,000 Americans who have died from COVID-19.

According to NBC News, the Riverside County Office of Vital Records confirmed that Macias did die from COVID-19. According to Macias’s brother-in-law, Macias was diligent about wearing his mask and following health regulations. However, when California Governor Gavin Newsom signaled rapid reopening within weeks in June, Macias felt safe letting down his guard.

“He was quarantining because he was overweight and had diabetes,” Lopez told NBC News in explaining how careful Macias has been.

Macias’s death is a warning to Americans.

As the quarantining drags on due to reopening reversals, fatigue is setting in with Americans about self-isolation. With a holiday weekend underway, Macias’s message is a warning call to Americans as social distancing is forgotten and people argue over masks.

Health experts continue to stress the importance of wearing face masks when out in public and to stay away from indoor gatherings with friends, like parties. It might be uncomfortable and you might not like it but it is what we need to do to get back this virus.

Please stay safe, smart, and follow health guidelines this 4th of July weekend.

READ: #TheWorldReopenedAnd Is Highlighting All The Ways We Are Failing In Our Response To COVID-19

Los Angeles Sheriff Alex Villanueva Threatens To Cut Sexual Assault Investigation Unit Because Of Proposed Budget Cuts

Things That Matter

Los Angeles Sheriff Alex Villanueva Threatens To Cut Sexual Assault Investigation Unit Because Of Proposed Budget Cuts

Josh Lefkowitz / Getty Images

Law enforcement in Los Angeles is facing budget cuts already because demonstrators are keeping up the pressure for police reform. COVID-19 has added pressure to Los Angeles County to make some additional cuts and Los Angeles County Sheriff’s Department. LA Sheriff Alex Villanueva is warning what the cuts mean to the department at large.

Los Angeles Sheriff Alex Villanueva is warning residents about the impact of the proposed budget cuts.

Sheriff Villanueva issued a statement titled “DEFUNDING THE LASD BUDGET $145.4 M.” In the letter, Sheriff Villanueva warns that the budget cuts will lead to the elimination of the Special Victims Bureau. The bureau is responsible for investigating the physical or sexual abuse of children and women. The sheriff names other departments that will be eliminated in response to the upcoming budget cuts.

“It’s unconscionable,” Sheriff Villanueva told CBS Los Angeles. “These are the major detective units of the entire department. They serve the entire county of Los Angeles. Those four units…are the cream of the crop of investigative units throughout the entire nation, and as the largest county in the nation, I cannot see how we move forward without these four units,” he said.

The sheriff took the time to attack the “Defund the Police” movement.

“The CEO and the Board have embraced the “Defund the Police” movement and are cynically hiding behind accounting maneuvers, knowing well that loss of revenue in sales tax can be made up by equitable distributing more stable revenue streams like property taxes,” reads part of Sheriff Villanueva’s statement. “This is not acceptable and a willful abandonment of the top priorities of local government: keep people safe.”

Sheriff Villanueva is also refusing to enforce orders to close the beaches for the 4th of July weekend in Los Angeles County.

Sheriff Villanueva told the press that his department was not included in talks about the closure so the sheriff’s office will not enforce the order. Los Angeles County is experiencing a spike in COVID-19 cases as the rest of California deals with the same. The Los Angeles Health Department ordered the beaches, piers, and boardwalks closed for the holiday weekend to fight the sudden spike in cases.

“Closing the beaches and prohibiting fireworks displays during this important summer holiday weekend was an incredibly difficult decision to make, but it’s the responsible decision to protect public health and protect our residents from a deadly virus,” Barbara Ferrer, the county’s director of public health, said in a statement. “The Fourth of July holiday weekend typically means large crowds and gatherings to celebrate, a recipe for increased transmission of COVID-19.” 

Sheriff Villanueva’s actions as sheriff are making some Los Angeles County residents wanting him to leave the office.

At the beginning of his term as sheriff, Villanueva rehired a police officer who was fired for domestic violence allegations. The police officer who was rehired set off a legal battle that landed in court with a judge having to decide whether or not to let the police officer stay.

Superior Court Judge Mitchell Beckloff handed down an injunction ordering rehired police officer Caren Carl Mandoyan to surrender his gun and badge. Additionally, the judge ordered, “Sheriff Alex Villanueva cease to recognize or hold Mandoyan out as a Deputy Sheriff or a County employee.”

READ: Family Of Andres Guardado Are Asking For The Autopsy Report Be Released