San Diego, CA: The district court judge presiding over the civil case involving the family of Anastasio Hernandez Rojas has cleared the way for trial and denied the claims of border agents’ that they are immune from the lawsuit. The federal government filed a motion arguing that the border agents involved in the use of force against Anastasio are immune from civil liability, asserting that their conduct did not violate any constitutional rights. The judge disagreed, dismissed the government’s claim and cleared the way for the civil case to go to trial. Anastasio was a long-time San Diego resident and a father of 5 who was beaten and shot repeatedly with a taser by border agents resulting in his death near the San Ysidro Port of Entry in May 2010.
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