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Family of shooting victim sues border patrol for wrongful death

Recently, the family of a 32-year-old San Diego, California, woman who was shot and killed by a Border Patrol agent has filed a wrongful death suit against the agency. The lawsuit claims that the Border Patrol should not have allowed the agent to be on duty due to previous instances of misconduct in another position.

The wrongful death suit stems from an incident that occurred last September, in which the woman left her apartment where border patrol agents were serving a warrant on another person and ran into the agent in question with her car, forcing him to ride on her hood while he told her to stop. The agent maintains that he shot her in self-defense. The lawsuit alleges that the agent had several instances of misconduct in his past law enforcement job, including crashing a patrol car and violating the rights of defendants. The agent was given notice that he would be fired before he quit as a sheriff's deputy in 2003. The incident is still under police investigation.

Wrongful death can occur as a result of a variety of situations, ranging from simple to complex. Negligence can be a cause of wrongful death. If a party breaches a duty of ordinary care towards a person, then he or she is liable for negligence towards that person. Negligence can result in injury or death, and it can be as simple of a matter as failing to follow a routine procedure or failure to investigate someone's background. In this case, the woman's family claims it was likely caused by the bad judgment of those who hired the Border Patrol agent.

Anyone affected by the wrongful death of a family member or loved one is entitled to a just and fair compensation for that loss. Those grieving from the loss of a loved one should not suffer the additional burdens that such a loss can bring. Lost wages or hospital bills can make life even more difficult for surviving family members, but the cost of these expenses may be obtained from the negligent party if they are found guilty. No amount of money can erase the pain that the family of a lost loved one suffers, but the financial aid can help family members in the difficult times ahead, and bring closure to a painful memory.

Source: San Francisco Chronicle, "Wrongful death claim in SD Border Patrol shooting," Oct. 16, 2012

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Family of shooting victim sues border patrol for wrongful death | Rose, Klein & Marias, LLP