Appeals court: No immunity for agent in cross-border killing

A federal appeals court ruled that a Border Patrol agent who fatally shot a Mexican teen on the other side of the border doesn’t have immunity and can be sued by the boy’s family for allegedly violating his civil rights.

Tuesday’s ruling came almost two years after the agent’s attorney argued he was immune because the U.S. Constitution didn’t cover Jose Antonio Elena Rodriguez, 16, who was in Mexico when agent Lonnie Swartz shot him through a border fence.