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

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Latina L.A. County Deputy Was Shot In The Face But Saved Her Partner’s Life After A Gunman Ambushed Them

Things That Matter

Latina L.A. County Deputy Was Shot In The Face But Saved Her Partner’s Life After A Gunman Ambushed Them

David McNew / Getty

A shooting that occurred over the weekend in Compton, California has sparked shock, alarm, and outrage.

The shooting occurred sometime around 7 p.m. on Saturday at MLK Transit Center in Compton. According to the Los Angeles County Sheriff’s Department, the gunman made his way toward the passenger’s side of the deputies’ car and shot two deputies with a pistol without precedent.

One of the victims is a 31-year-old mother.

On Saturday, the sheriff’s department tweeted surveillance footage of the shooting which also captured the gunman fleeing the scene.

According to reports, the gunman fired into the deputies’ car without pretext.

“This is just a somber reminder that this is a dangerous job, and actions and words have consequences. Our job does not get any easier because people do not like law enforcement,” Alex Villanueva, the 33rd Sheriff of Los Angeles County, said in a statement. “It pisses me off. It dismays me at the same time.”

According to Villanueva, both of the deputies (Claudia Apolinar a 31-year-old mother and a 24-year-old man) were sworn in just 14 months ago and are in critical condition at the hospital. According to the sheriff’s department both are “fighting for their lives” but “it looks like they’re going to be able to recover.”

Apolinar and her partner were both shot at close range. Apolinar was shot in the face and torso and her partner sustained multiple gunshot wounds Seeing that he was in need of immediate medical treatment, Apolinar managed to make a tourniquet for him before medics arrived.

According to the New York Post, Apolinar is a former librarian who graduated from the academy last year.

“We’ll see what the long-term impact is. We don’t know that yet, but they survived the worst,” Villanueva explained.

Local officials have announced a $100,000 reward for information on the gunman and his whereabouts.

Democratic presidential candidate Joe Biden spoke out against the attack and condemned it in a statement calling “Acts of lawlessness and violence directed against police officers are unacceptable, outrageous, and entirely counterproductive to the pursuit of greater peace and justice in America — as are the actions of those who cheer such attacks on.”

Speaking about the incident, Democratic US Rep. Adam Schiff called the attack “cowardly.”

“Every day, law enforcement officers put themselves at risk to protect our community,” Schiff stated in a post shared to Twitter. “I hope the perpetrator of this cowardly attack can be quickly brought to justice.”

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Alleged DUI Driver Kills A Pregnant Latina

Entertainment

Alleged DUI Driver Kills A Pregnant Latina

Joe Raedle / Getty

Twenty-three-year-old Yesenia Lisette Aguilar was preparing to welcome a new life into her life with her husband this year. Last week she was killed by an alleged drunk driver while the couple was walking down a sidewalk in Anaheim, California.

Aguilar and her husband James Alvarez were walking in Anaheim last week when she was struck by an alleged drunk driver.

A Jeep SUV driven by Courtney Pandolfi, aged 40, jumped the curb of a sidewalk and drove along it before hitting Aguilar. The car narrowly missed James who said that when his wife was struck they were holding hands. At the time of her death worked as a cast member at Disneyland and was nearly 35 weeks pregnant.

Soon after the incident, Aguilar was rushed to the hospital at UCI Medical Center. There, doctors declared her dead and then delivered her baby via cesarean section. Currently, Aguilar’s newborn baby girl, Adalyn Rose, is in the hospital’s neonatal intensive care unit. She is in critical condition.

Speaking about his wife’s tragic death, Alvarez told KTLA, “It’s like I’m living a nightmare and I’m hoping to wake up soon. But I’m accepting the reality is she’s gone. And my daughter is the only thing that I have left.”

Pandolfi has been detained on single counts of vehicular manslaughter, felony driving under the influence, and driving on a suspended license.

Pandolfi was also taken to the same hospital but for minor injuries.

Soon after her detainment, Pandolfi’s charges were upgraded to murder and felony driving under the influence of drugs causing bodily injury. According to People, police confirmed that this is not Pandolfi’s first DUI arrest. She has previously been convicted of DUIs in 2008, 2015, and 2016. She is currently being held in Anaheim on a $1 million bail.

Speaking about his wife, Alvarez shared that their newborn had very much been wanted by his wife.

“We’ve been trying for two years, and finally, we’re blessed to have a beautiful princess, and we’re a month away from her birth. And all of a sudden, out of a second, my life changed,” he said. “I’m just praying that she is healthy. She’s the last thing I have from her.”

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