The city attorney in Mississippi said the man, whom police shot by mistake, no constitutional rights because he was not a citizen of the United States.
Ismail Lopez died at his mobile home in July 2017 after police confused his address with the address of the man wanted for a domestic conflict. Murray wells, a lawyer representing the family of the deceased, said that the investigation conducted by his firm revealed that Lopez died from a bullet in the head.
In June, the Lopez family filed a Federal lawsuit for $20 million against the city of Southaven, city police chief and officers involved in the death of Lopez.
In response, on 4 September, the city Prosecutor filed a motion to dismiss the claim, stating that Lopez may not be protected under the fourth or fourteenth amendment, because he was in the country illegally at the time of death.
In several decisions the Supreme court established that the constitutional protection do apply to immigrants, undocumented. How this works in practice, is often used in legal battles, including a number of pending lawsuits in the various changes of immigration policy of the administration trump.
In a recent lawsuit the city of Mississippi said that Lopez was a convicted felon and «he didn’t have the same rights as legitimate or resident aliens.»
Makeshift memorial set up at home of Ismael Lopez Rodriguez, shot and killed by Southaven Police last night. pic.twitter.com/eGviVmDMAp
— Mary Jo Ola (@Local24MaryJo) July 24, 2017
In conclusion, the city attorney said, «the Federal civil rights are not civil awards for violation of the laws of the United States.»
Lopez has twice been deported and entered the country without permission, according to the report of the Bureau of investigation of the Mississippi. He was arrested and charged with domestic violence in the 1990-ies.
The Grand jury refused to indict two officers in July 2018. The chief of police of Southaven, said one of the officers involved in the case, left the Department.
