Archive for the ‘Fifth Amendment’ Category

Mexican Government Backs Lawsuit Against U.S. Border Patrol Agent

The Mexican government is throwing its weight behind a U.S. lawsuit filed by the parents of a Mexican teenager who was killed in his country when a U.S. Border Patrol agent fired his weapon across the border.

When agents of the United States Government violate fundamental rights of Mexican nationals, it is one of Mexicos priorities to ensure that the United States has provided adequate means to hold the agents accountable and compensate the victims, lawyers for the Mexican governmentwrote in a brief filed on Thursday.

The case marks the first time a U.S. appeals court has considered the legal implications of a cross-border shooting. The question before the New Orleans-based Fifth U.S. Circuit Court of Appeals is whether the U.S. Constitution reaches into the Mexican side of the 2,000-mile border with the U.S.

The Fifth Circuit ruled 2-1 in June that the parents ofSergio Adrian Hernandez Guereca could sueU.S. Border Patrol Agent Jesus Mesa Jr. for alleged violations of the Fifth Amendment, which provides that no person shall be . . . deprived of life,liberty, or property, without due process of law.

The panel threw out claims against the U.S. government and Mr. Mesas supervisors. The Fifth Circuit has agreed to rehear the case, with all active judges participating, at the request of the U.S. government and Mr. Mesa.

The Mexican government sought to assure the court that it had no qualms about the U.S. Constitution nosing into its territory, in this instance at least.

Any invasion of Mexicos sovereigntyoccurred when Agent Mesa shot his gun across the border at SergioHernndez. Requiring Agent Mesa to answer for that action in U.S. courttothe same extent as if Hernndez were a U.S. national or on U.S. soilonly shows respect for Mexicos sovereignty, the brief said.

The lawsuit alleges that in June 2010, Mr. Hernndez was playing with a group of friends in the cement culvert that separates El Paso, Texas, from Ciudad Juarez, Mexico. The game involved touching the barbed-wire fence on the U.S. side of the border, and then running back down the incline of the culvert into Mexico.

When Mr. Mesa arrived on the scene, he detained one of Mr. Hernndezs friends on the U.S. side of the border. Still in U.S. territory, Mr. Mesa then shot Mr. Hernndez, who had retreated down the culvert back into Mexico, according to the complaint.

The Federal Bureau of Investigation said after the incident that Mr. Mesa, who is still a member of the Border Patrol, used force because the group was throwing rocks at him, ignoring his commands to stop.

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Mexican Government Backs Lawsuit Against U.S. Border Patrol Agent

Legal process continues in bars lawsuit, Fifth Amendment asserted

RACINE The federal lawsuit brought against the city by former owners of five shuttered Racine bars is continuing its slow march toward trial, but attorneys are still deep within the information-gathering process known as discovery. Meanwhile, one defendant has taken the Fifth Amendment for some claims.

Filed first on Feb. 25, and then amended on Aug. 21, the lawsuit accuses Mayor John Dickert and close to a dozen other defendants of engaging in an elaborate plot to drive minority tavern owners out of the city, violating the bar owners constitutional and civil rights, and running afoul of the federal Racketeer Influenced and Corrupt Organizations Act, commonly referred to as RICO.

In addition to claiming minority bar owners were held to different standards than their white counterparts, the lawsuit accuses some Racine City Tavern League members of engaging in an elaborate effort to bankroll Dickerts mayoral campaigns that resulted in minority-owned bars being targeted, and their licenses freed up for white bar owners.

When the suit was first filed, there were 20 defendants and eight plaintiffs. Since then one of the plaintiffs Cerafin C. Davalos, the owner of the former Ceras Tequila Bar has been dropped from the complaint, as have eight of the original defendants, including the tavern league itself.

Although attorneys for the remaining municipal defendants continue to deny the allegations, the case has proceeded to the discovery process.

U.S. District Judge J.P. Stadtmueller ruled in November that while the civil rights conspiracy claims in the lawsuit should be dismissed, the RICO claims made against the municipal defendants and private defendant Doug Nicholson should proceed to discovery along with the civil rights complaints.

Discovery began in earnest in November. The process, whereby plaintiffs and defendants can obtain evidence from the opposing party, is expected to wind on for several months, said Michael J. Cohen of Meissner, Tierney, Fisher & Nichols S.C., the attorney for the city, Dickert, and 10 other municipal defendants.

There is quite a bit of it that has been requested particularly from the municipal defendants, Cohen said. I wouldnt be surprised if it ends up being 2 million pages of paper that (the plaintiffs) have requested including electronic information.

On Jan. 6 Stadtmueller honored a request by both parties to keep certain personal information contained in the documents such as Social Security numbers of the parties, or identifying information of those not named in the suits, such as witnesses in police reports sealed to public.

But attorneys for the defendants havent spent all their time filling document requests and preparing for depositions. They have also filed answers to the plaintiffs amended complaint.

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Legal process continues in bars lawsuit, Fifth Amendment asserted

New lives of the girls in Prince Andrew sex claim row

Sarah Kellen and Nadia Marchinova given immunity from prosecution Pleaded right to silence when asked if Andrew had sex with teenage girls Have now been reinvented as Sarah Kensington, 34 and Nadia Marcinko, 29 Ms Kensington renovates corporate apartments and dates a racing driver Miss Marcinko is chief executive of Aviloop, which sells discounted flights Both operate from 1.5m addresses in building owned by Epstein's brother Jeffrey Epstein, 61, allegedly made huge efforts to look after those who kept quiet about his crimes

By Sam Greenhill In Florida and Daniel Bates In New York For The Daily Mail

Published: 20:50 EST, 7 January 2015 | Updated: 03:55 EST, 8 January 2015

They were the glamorous Jeffrey Epstein aides who refused to testify about Prince Andrews visits to the House of Sin.

Sarah Kellen and Nadia Marchinova both pleaded their right to silence under the US Fifth Amendment when asked if the royal had sex with teenage girls earning themselves the nickname the blondes who took the Fifth.

Today, Epsteins former PA Miss Kellen and Miss Marchinova his on-off girlfriend have reinvented themselves as Sarah Kensington and Nadia Marcinko.

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Sarah Kensington - formerly Sarah Kellen - and her racing driver boyfriend Brian Vickers (left) and Nadia Marchinova, who is now Nadia Marcinko (right)

Miss Kensington, 34, is an interior designer who boasts of renovating corporate apartments in New York, the Caribbean and Paris and dating a handsome racing car driver.

Miss Marcinko, 29, is a pilot and the chief executive of Aviloop, a company selling discounted flying lessons.

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New lives of the girls in Prince Andrew sex claim row

Joe Tex – Take the fifth amendment – Video


Joe Tex - Take the fifth amendment
A hidden gem on Joe Tex #39;s Happy Soul album, 1969.

By: mrsoulsatisfaction

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Joe Tex - Take the fifth amendment - Video

FIFTH AMENDMENT I GOT YOU WHERE I WANT YOU – Video


FIFTH AMENDMENT I GOT YOU WHERE I WANT YOU
SOUL.

By: TheNickNicola

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FIFTH AMENDMENT I GOT YOU WHERE I WANT YOU - Video