And the plaintiffs will win this case, just as they would if the forest service waited five days to begin a search for a lost hiker in Yosemite or Yellowstone.
Maybe he should sue the Mexican government for encouraging illegal immigration or the Dept of the Interior for restricting Border Patrol access to the indian reservations.
The Border Patrol did NOT ignore the situation.
The BP sent Agents to the area and attempted to track the lost guy and were unsuccessful. They also tasked the UAVs to look for a lone traveler (illegals usually travel in large groups and a lone traveler is one left behind). Also unsuccessful. BORSTAR was looking, too.
All the while, the BP did not stop working the area and the BP is all over the area all the time, looking for illegals and drug smugglers (usually one and the same). What did this illegal want? Stop all drug interdiction and illegal alien arrests, to call in all Agents from the Sector to abandon their job and come from hundreds of miles to look for a guy that MAY be there (remember, the rescued guy was delirious).
Great new tactic for the cartels, claim someone is lost and then suspend all Border Patrol activity to go on a wild goose chase, all the while the illegals and smugglers get a free run into the US, just going around the area where the “lost” guy is to be located.
Try and find one body in the middle of nowhere, especially when the friend was incoherent from dehydration and couldn’t provide a location where his friend might have been or wandered off, or if he was real of an illusion.
This case is going nowhere.
Actually, no.
Let's say you hear an intruder breaking into your house and you call the police. You tell the dispatcher that you are home alone and an intruder broke your window and is in your house. The police don't get around to sending an officer to your house for an hour or so, giving the intruder plenty of time to rape and murder you.
Your family is out of luck. They can't sue, because the police have no legal obligation to protect you unless you are in their custody. It is a well established legal principal. If you want protection from intruders, you need a gun.
Same principal here. The border patrol has no legal obligation to protect illegal aliens that are not in their custody.
Of course, this will become a political case and the feds will settle for big bucks regardless of what the law actually is.