United States Fifth Circuit

Border Patrol agent was properly convicted of depriving another of his constitutional rights while acting under color of law, in violation of 18 U.S.C. section 242. The record supports the finding that he willfully kicked and struck a Mexican alien, thereby depriving him of his Fourth Amendment rights.

Appellate Information

• Decided 03/26/2004
• Published 03/26/2004

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Tovah R. Calderon (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee., Ronald H. Tonkin (argued), Houston, TX, for Defendant-Appellant.