Federal Court Rejects Claim in Civil Rights Case

[Willowdared]

Federal court rejects claim in civil rights case

UNION-TRIBUNE
6:53 a.m. September 27, 2007
DOWNTOWN SAN DIEGO: A federal appeals court has ruled that foreign nationals who are arrested in the United States can't bring a federal civil rights suit if police don't tell them they can call their consulate.

The 2-1 decision by the 9th U.S. Circuit Court of Appeals came in a case of Ezequiel Cornejo, a Mexican man who was arrested by San Diego County sheriff's deputies in Fallbrook in 2004. He eventually pleaded guilty to charges of driving under the influence of drugs, and gun and drug possession.

Cornejo later filed a federal lawsuit alleging his civil rights were violated because the deputies did not advise him that he could contact his consulate. His suit argued that Article 36 of the Vienna Convention on Consular Relations mandates that advice.

The appellate court ruled that the provision does not allow an individual the right to sue a local government for civil rights violations. The decision upheld a lower court ruling that threw out the suit, which had targeted San Diego County, as well as the cities of San Diego, Escondido and Oceanside. –G.M.

[ex401mp]

This happened in California? Now that's a shock. The courts there are so liberal, this really surprises the heck out of me.

[Willowdared]

Shhhhhh, not so loud, they might hear you!

This happened in California? Now that's a shock. The courts there are so liberal, this really surprises the heck out of me.