The city of Southaven says the Constitution does not protect an immigrant killed by police when they stormed the wrong home in 2017.

SOUTHAVEN, Miss. (localmemphis.com) – The city of Southaven says the Constitution does not protect an immigrant killed by police when they stormed the wrong home in 2017.

The family of Ismael Lopez filed a civil lawsuit against Southaven, but the city says the family has no claim because Lopez was an undocumented resident.

Lawyers for the Lopez family say what’s written on the court filings is disturbing. Lopez’ wife is very upset and through an interpreter made a plea to the public.

“To the media and everyone watching, I ask you seek justice for me,” said Claudia Linares, Lopez’ wife.

Linares and her attorney’s don’t understand why the city of Southaven filed legal documents questioning if she was really legally married to Lopez.

The filings also say because lopez was undocumented, he didn’t have a right to constitutional protections and neither do current undocumented residents.

“You have no right to constitutional protections meaning, that storm troopers can come into your house and kill you without regard to any constitutional results or repercussions whatsoever,” said Murray Wells, Lopez’ Lawyer.

“If you take their arguments at face value, they can lock you up and throw away the key because you have no protections, no right to trial. They can kill you they can use excessive force,” Wells added, “That’s what they are arguing. It’s just flat wrong. The Supreme Court has spoken to it over and over and over again.”

In July 2017, Southaven Police shot Lopez through his front door after going to the wrong house while looking to arrest a domestic assault suspect.

In a statement, Southaven Mayor Darren Musselwhite said in part, “The City of Southaven with defend this matter in the court of law not in the media via press conferences with ridiculously misleading sound bites. A federal judge will consider consider actual prior federal case law presented by the city attorney’s office in this case.”

“This case should have never been here in the first place. It was an accident they should have taken responsibility for it, and we should move forward rather they are attacking innocent people,” said Wells.

In addition Wells said Southaven has questioned Linares’ marriage to Lopez by making her provide excessive documents that are normally not required in these types of legal proceedings.

Here is the complete statement by Southaven Mayor Darren Musselwhite: