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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Family Of Man Who Died From Taco Eating Contest Sue Fresno Grizzlies Owner

Entertainment

Family Of Man Who Died From Taco Eating Contest Sue Fresno Grizzlies Owner

Dana Hutchings, 41, entered a taco eating contest during a Fresno Grizzlies game in 2019. He choked and died during the contest and now his son has filed a lawsuit against the baseball team.

The son of a man who died from a taco eating contest is suing for wrongful death.

Dana Hutchings, 41, died after choking during a taco eating contest during a Fresno Grizzlies game. His son has filed a wrongful death lawsuit claiming that the event organizers were not equipped to host the event. Furthermore, the lawsuit claims that the organizers failed to provide a medical response team.

“People say all the time he knew what he was getting into, well clearly he didn’t,” Martin Taleisnik, an attorney representing Hutchings’ son, Marshall told CBS17.

Marshall and his attorney are pushing back at the notion that Dana should have known better.

People have sounded off on social media criticizing the family for filing the lawsuit. Yet, the family and their attorney are calling attention to the lack of information given to contestants.

“If you don’t know all the pitfalls, how can you truly be consenting and participating freely and voluntarily? It’s a risk that resulted in a major loss to Marshall,” Taleisnik told CBS17.

Dana’s family is seeking a monetary settlement from the Fresno Grizzlies owners.

The wrongful death lawsuit names Fresno Sports and Events as the responsible party. The lawsuit also notes that alcohol was made available to contestants and added to the likelihood of the tragedy.

“We are devastated to learn that the fan that received medical attention following an event at Tuesday evening’s game has passed away. The Fresno Grizzlies extend our heartfelt prayers and condolences to the family of Mr. Hutchings,” a statement from the Fresno Grizzlies read after the death in 2019. “The safety and security of our fans is our highest priority. We will work closely with local authorities and provide any helpful information that is requested.”

READ: Kobe Bryant’s Wrongful Death Lawsuit Has Tragically Been Moved To Federal Court Despite Vanessa Bryant’s Pleas

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Woman Who Watched Her Mother Die Before Her Eyes While At Sea As A 9-Year-Old Reunited With Her Rescuers

Fierce

Woman Who Watched Her Mother Die Before Her Eyes While At Sea As A 9-Year-Old Reunited With Her Rescuers

May 20, 1986, started out for Desireé Rodriguez and her family as an idyllic morning.

At the time, Desireé’s father (a 30-year-old construction worker by the name of Thomas Rodriguez) had taken her, her mother, and sister as well an aunt and uncle out to Catalina Island for a day of sailing. The plan was to go out, fish, and bask in the summer sun before heading back home. In the evening, just as they were headed home the family was impacted by a dense fog. Desireé and her 5-year-old sister Trisha awoke from a nap on the boat to calls from her father to abandon ship and within minutes the entire family was lost at sea. Out in the water and away from their boat that had capsized.

 The family of six was stranded in the chilly Pacific water for hours and Desireé watched as her father first went to swim for rescue and never returned. In the hours that slowly stretched by Desireé witnessed the death of her sister, her mother, her uncle and then her aunt.

Decades have passed since her family’s accident but Desireé has lived to tell of the story thanks to the two men who rescued her.

In a recent piece by The New York times, Desireé was reunited with the two men who were remarkably able to save her after she spent a nightmarish 20 hours in the ocean.

Only 9-years-old at the time of the tragic events, Desireé recalls believing that her father would return with help when he first swam away from the boat. “My dad was like the superhero to me. I actually thought he would get help,” Desireé explained before calling the desperate hours that followed. After watching her family members die, she found herself all alone.

“At that point, I just kind of made the decision, I need to get away from this boat,” Desireé recalled to the New York Times. “I need to swim away, somewhere else. … Where? I don’t know.”

Just when Desireé decided to give up hope, the skipper of a commercial sportfishing boat spotted her orange life jacket in the water.

The boat’s first officer leapt into the water and fished Desireé out of the water. Desireé was ultimately transported back to San Pedro and never saw her rescuers again.

“I don’t think I would have lived, I’ll be honest with you. I think at that point, I was just kind of done,” Desireé explained in a recent interview about the incident. According to an article at the time that described the incident, Desireé had suffered no major physical injuries and was “in good spirits.” She left the hospital in San Pedro the next time.

“I had even hoped that my dad did make it somewhere,” Desireé explained of her thinking of the time. “Maybe he is living on an island and just got amnesia and didn’t know that he has a family. You know, you always have hope. But you get older, and reality sets in, and you’re like, OK. He didn’t make it.”

Paul Strasser and Mark Pisano, the two men who rescued her, ultimately earned commemorative plaques for their bravery from Mayor Tom Bradley. Desireé Rodriguez, now Desireé Campuzano, was adopted by another aunt and uncle who raised her. She went onto attend junior college in Fullerton, built herself a career in criminal justice, married and had a son. Still, she always wondered what had happened to the men who saved her.

It wasn’t until the COVID-19 pandemic that Strasser and Pisano came into contact with Philip Friedman who launched a podcast about his hobby as a fisherman.

“Friedman Adventures” which launched this past December, shares incredible stories from fishermen. Ine one episode Pisano spoke about the 1986 rescue.

“It’s kind of a weird story, kind of like there are some supernatural qualities,” Pisano explained of the experience on the podcast.

Friedman felt motivated to unite the two rescuers and Desireé. Ultimately a friend of Desireé’s heard the episode when it aired and made the connection. He reached out to Desireé and then Friedman and ultimately she and her rescuers were reunited.

“I was nervous at first,” Desireé said of meeting Strasser and Pisano “just seeing [the] guys and putting kind of finalization to the ‘what happened.’” The three were finally reunited during another episode of the podcast.

“I feel like she’s sort of our daughter, in a way, because we brought her back to life,” Strasser said during their reunion. “Even though we never knew each other.”

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