City Argues Constitution Does Not Protect Immigrant Killed by Police

Ismael Lopez was shot and killed by Southaven, Miss., police officers at his home in 2017. His wife later filed a civil suit. In response, an attorney for the city argued that Lopez lacked constitutional rights because of his prior criminal record and unauthorized immigration status. The city also challenged the wife’s standing to bring the case based on her immigration status. The city's attorney, Katherine S. Kerby, wrote, "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." She commented that she was "arguing existing law. Not new law." An attorney for the Lopez family called the city’s argument, “the most insane thing I’ve ever heard." The case is still pending in federal court in Mississippi. Read more about the case law the parties are relying on in this article from the Commercial Appeal.

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