US

No Constitutional Rights for Undocumented Immigrant Accidentally Shot by Police, Says Grand Jury

Published

3 years ago

August 8, 2020

There is a landmark case that is being challenged in Southaven, Mississippi, over constitutional rights. Ismael Lopez, an undocumented immigrant, was accidentally shot by police on July 24th, 2017. After a lengthy court battle, a Grand Jury ruled in favor of the city, saying the police officer and city were exempt from any guilt because of the immigration status of the person who was shot. The city argued that Lopez had no constitutional rights due to his undocumented status. The ruling attempts to set a new precedent, claiming that the U.S. Constitution does not protect undocumented persons. Lopez was shot in his mobile home park in Southaven, Mississippi. Police knocked on Lopez’s door by accident, instead of their intended domestic assault suspect, and began shooting. Lopez had already died from a gunshot wound to the head by the time paramedics had arrived.

The Constitution typically protects people under these circumstances. The Fourth Amendment protects U.S. citizens from unreasonable searches and seizures, and the Fourteenth Amendment provides equal protection for all citizens under the law. The attorney for the police officer involved in the shooting as well as the city, Katherine Kirby, successfully argued that Lopez lacked protections under these amendments. The Lopez family attorney, Wells, has argued that all people on United States territory have constitutional rights, giving Lopez rights through the 14th Amendment.

A motion from court documents explained this idea, stating that Ismael Lopez’s lack of citizenship in the United States when he was shot voids these rights. As a result, it said, there was no legal grounds for this case based on his status as undocumented. Lopez was a 41-year old auto mechanic who also mentored teens and fixed friends and neighbors’ cars for free.

The family of Lopez filed a civil action lawsuit in response to the jury’s decision and is seeking $20 million in damages for his wrongful death. The civil lawsuit was filed in June 2019. Attorneys have stated that Claudia Linares, Lopez’s widow, will be unable to sue due to her status as an undocumented immigrant. Murray Wells, the attorney for Linare, says that this interpretation of the Constitution that excludes non-citizen residents impedes the process of due process and for what the Constitution stands. He continues by saying that he was disgusted by the decision of the Grand Jury. Attorneys also accused Linares of not actually being married to Lopez, which was disproved by her attorneys when they filed her 2003 marriage certificate. There has been controversy over the city’s accusations towards Linares and her lawyer asked the judge to consider sanctioning the city for their actions.

“This could lead to a slippery slope effect that could affect similar cases. Such a ruling goes against past rulings that state that all persons in the United States, including undocumented immigrants, are protected by the U.S. constitution,” says immigration attorney Natalia Segermeister of Price Benowitz LLP. This controversial ruling could potentially be sanctioned under Federal rules of procedure.

US

Car Accidents in Florida: Causes, Impacts, and Prevention

Published

2 weeks ago

March 16, 2023

Jimmy Lerner

Car accidents are an unfortunate reality of modern life, and Florida is no exception. With its thriving tourism industry, ever-growing population, volatile climate, and diverse wildlife, the Sunshine State sees its fair share of traffic accidents. The causes of these accidents are varied, but they often include factors such as human error, adverse weather conditions, and infrastructure issues. The impacts are significant, with many accidents resulting in fatalities or long-lasting injuries and consequences for those involved. However, there are various measures that can be taken to reduce the frequency and severity of car accidents in Florida.

Causes of Car Accidents in Florida

Human Error

The most common cause of car accidents in Florida is human error. This encompasses a range of behaviors, including speeding, driving under the influence of alcohol or drugs, and distracted driving due to texting or using electronic devices. Additionally, aggressive driving and road rage contribute to many accidents, as they lead to poor, rushed decisions and often loss of control.

Adverse Weather

Florida’s climate is known to create hazardous driving conditions. Heavy rain, fog, and even hurricanes can reduce visibility and make roads slick, increasing the likelihood of accidents. Extreme heat can also cause tire blowouts, which can cause serious accidents.

Infrastructure Issues

As Florida continues to grow and develop, there is a strain on its infrastructure. Poorly designed or maintained roads, lack of proper signage, and insufficient traffic control measures contribute to the prevalence of car accidents in the state.

Impacts of Car Accidents in Florida

Fatalities

According to the Florida Department of Highway Safety and Motor Vehicles, over 3,400 people lost their lives in traffic accidents in the state in 2022. The loss of life is a devastating consequence of Florida’s car accidents, impacting families and communities with immeasurable effects.

Injuries

Car accidents resulted in almost 250,000 injuries in Florida in 2022, from minor cuts and bruises to severe trauma, such as spinal cord injuries, traumatic brain injuries, and permanent disabilities. These injuries can have a lasting impact on the lives of the victims, their families, and their ability to work and live a normal life.

Economic Costs

The financial burden of car accidents in Florida is substantial. Costs include medical expenses, property damage, and lost productivity due to injuries or death…and total in the billions each year. Moreover, traffic congestion resulting from accidents leads to additional economic costs in terms of lost time and increased fuel consumption.

Emotional and Psychological Consequences

The aftermath of a car accident can be traumatic for those involved, leading to emotional and psychological distress, such as post-traumatic stress disorder (PTSD), anxiety, and depression, among other mental health concerns.

Prevention of Car Accidents in Florida

Education and Awareness

Increasing public awareness about the dangers of risky driving behaviors, such as speeding, distracted driving, and driving under the influence, can help reduce the number of accidents. Driver education programs and public safety campaigns play a vital role in promoting safe driving habits. For example, Florida launched a campaign in 2022 to educate the public about the dangers of distracted driving.

Infrastructure Improvements

Investing in better road design, signage, and traffic control measures can help reduce the likelihood of accidents. This includes the development of pedestrian and bicycle-friendly infrastructure, which can help alleviate congestion and promote alternative modes of transportation. Florida’s governor, Ron DeSantis, has recently announced a $7B infrastructure improvement plan for the state focused on relieving congestion in high-traffic areas.

Traffic Law Enforcement

Strict enforcement of traffic laws and regulations can deter dangerous driving behaviors. Increased police presence, coupled with the use of technologies such as speed cameras, can help reduce speeding and other reckless behaviors on Florida’s roads.

Technology

As technology continues to develop, advancements in vehicle safety features and collision avoidance systems can contribute to reducing car accidents, says Brian Esposito, a tampa car accident lawyer. Features such as automatic emergency braking, lane departure warnings, and the adaptive cruise control can help drivers avoid potential accidents by detecting and responding to hazardous situations.

Legislation

Implementing or updating legislation that addresses the causes of car accidents, such as texting while driving and driving under the influence, could help deter these dangerous behaviors. Stricter penalties and fines for offenders, along with increased awareness campaigns, would likely lead to fewer car accidents in Florida.

Community Involvement

Encouraging community involvement in local road safety initiatives can lead to a better understanding of the specific issues facing individual communities. By collaborating with local government and law enforcement agencies, residents can work together to address the unique challenges of their area and develop targeted strategies to reduce car accidents.