Understand the Issues Behind Wrongful Termination and the Problems of Race and Gender Discrimination

September 17, 2023September 17, 2023 Discipline: Criminology

*Please use uploaded IRAC template


Assignment:

Using the IRAC method, analyze the Supreme Court case of Hernandez et.al. v. Mesa. Next read the article Wrongful Death by Police. Following your IRAC report answer the following questions:

  1. Do you agree with the Supreme Court’s ruling in Hernandez et. al. v Mesa? In your own words, justify and explain your answer.

  2. Do you believe surviving family members in the Hernandez case have standing for a wrongful death lawsuit? Justify your answer.

  3. What would be the possible constitutional violations by law enforcement in the Hernandez case if a lawsuit was brought in federal court?  Explain your answer.

  4. What would be the reasons for a lawsuit in the Hernandez case to be brought in state court? Explain your answer.

For this portion of your report base your answers on the article Wrongful Death by Police. Support your position.

References:

  • Hernandez et. al. v. Mesa

    The U.S. Supreme Court case ruling of United States Border Patrol Agent Jesus Mesa Jr., who shot and killed Sergio Adrian Hernandez Guereca, a 15 year old Mexican national. The case alleged that Mesa violated Hernandez’s Fourth and Fifth Amendment rights.

    • FindLaw, Wrongful Death by Police

      This article informs the reader of the wrongful death by police and the options available for plaintiffs in an action against law enforcement agencies. Suits are typically brought against the agency, rather than the office, because of qualified immunity. Law enforcement officers are generally protected by qualified immunity where there was no willful violation of established law.

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