The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.

…”Based on the facts alleged in the complaint, Swartz violated the Fourth Amendment. It is inconceivable that any reasonable officer could have thought that he or she could kill J.A. for no reason,” Judge Andrew J. Kleinfeld wrote in the majority opinion.

…“The court made clear that the Constitution does not stop at the border and that agents should not have constitutional immunity to fatally shoot Mexican teenagers on the other side of the border fence,” he said in a statement. “The ruling could not have come at a more important time, when this administration is seeking to further militarize the border.”

Court rules Mexican mother can sue over cross-border Border Patrol shooting – POLITICO

the fact that the officer was cleared of criminal charge is a crime in itself.