Illegals hit the pinata

pittsburghlive.com ^ | August 29, 2005 | Dimitri Vassilaros

[VU4G10]

Why should anyone be surprised that two illegal aliens who sued the American citizens who captured them were handed the 70-acre ranch that had belonged to one of their captors? Since most illegal aliens who sneaked into this republic are rewarded for breaking the immigration law -- by being allowed to enjoy America's bounty -- no one should be surprised about the verdict. It is just another topsy-turvy thing that happens from time to time along the Mexican border. Blame it on the Bush administration's continual refusal to protect American sovereignty, which some might think borders on treason. It gets worse...

[BeHoldAPaleHorse]

"Why did he risk his mother's life savings?"

Because no self-respecting federal "confidential informant" is going to risk HIS money when he can risk someone else's.

[BeHoldAPaleHorse]

"I have to wonder where some of these "tough on immigration" people were before Bush was President."

You weren't supposed to notice that.

"Obviously, the cumulative effect builds up over time, but it's amazing how these problems only seem to crop up when a Republican occupies the White House."

You weren't supposed to notice that, either.

[BohDaThone]

As near as I can find from the web, Jacobson was Nethercott's lawyer in the CRIMINAL case, no indication that he represented him in the civil case or that he was served. Do you have a link??

Also, generally, you can't sue an individual by serving a lawyer, even one who has represented him before, unless he is "doing business" and has designated someone to be served.

So, I'm skeptical of your statement, without sourcing.

Also, re an earlier post, a Texas jury found him guilty of the felon-in-possession charge, so it's hard to say that the criminal charge was "trumped-up."

Finally, they don't have to "let you out of jail" to defend yourself, at least to the extent of mailing in a piece of paper saying "I deny everything"

Seriously, this issue has been beaten around the bush for some time, you would think that someone (Smoking gun.com?) could come up with the court file. There should be a copy of the complaint, the return of service (showing how the defendant was served), and the particulars of the default judgment. That would help ground the arguments on both sides in some facts.

[BeHoldAPaleHorse]

Casey Nethercott was a convicted felon on parole, who joined an organization that engaged in ARMED patrols of rancher's property--i.e, something that he was not allowed to do.

That should set off alarm bells--it's the sort of thing that the feds use to make sure "politically incorrect" groups run afoul of the law.

He then acted like a loose cannon and got Ranch Rescue in all kinds of trouble.

He accomplished his mission.

[BohDaThone]

I know of no laws preventing illegals from the normal protection of the courts. Maybe Congress could pass such a law, but they haven't.

If a drunk driver plows into three folks at a crossing, and one is a citizen, one is a 20-year resident illegal, and one is a tourist who overstayed his 6-month visa by one day, do we say the driver only has to pay for one death and the other two are freebies? Or that if he murders the three, only one counts? Or if you buy a car from each of the three you can just keep the car and not pay two of them?

This is not to say that this particular suit is justified or not (since the defendant didn't answer, the court had nothing to go on). Simply that we have not had a policy that your immigration status determines whether everyone can deal with you without regard to all other laws.

[BeHoldAPaleHorse]

"If a drunk driver plows into three folks at a crossing, and one is a citizen, one is a 20-year resident illegal, and one is a tourist who overstayed his 6-month visa by one day, do we say the driver only has to pay for one death and the other two are freebies?"

There are those who will say "NHI" if you delete the citizen.

[Tarpon]

uhh, US citizens are responsible for their actions, regardless who they injure, unless it is in the commission of a crime. Illegals just head for Mexico, murders and all.

My point was why didn't the court just deport the illegal. There is no legal standing for a non-citizen to sue. Else everyone on the planet would be suing you and me for whatever they could dream up.

The problem is with the courts, they refuse to enforce immigration laws.

[Rakkasan1]

[Black Tooth]

Bookmark

[RGSpincich]

On June 16, 2003, Jacobson filed an affidavit with the federal court that he was the attorney of record in the civil case. This is contained in federal court records in conjunction with a motion by Nethercott to have the case moved to federal court. The motion was denied. Scroll down to Nethercott's name to see his attorney.

https://ecf.txsd.uscourts.gov/cgi-bin/iqquerymenu.pl?101626

U.S. District Court
Southern District of Texas (Laredo)
CIVIL DOCKET FOR CASE #: 5:03-cv-00084

Leiva Medina, et al v. Ranch Rescue Texas, et al
Assigned to: Judge Keith P Ellison
Demand: $0
Case in other court: 229th - Jim Hogg Cty, CC-03-00066
Cause: 28:1332 Diversity-Notice of Removal
Date Filed: 06/20/2003
Jury Demand: None
Nature of Suit: 320 Assault Libel & Slander
Jurisdiction: Diversity
Plaintiff
Fatima Del Socorro Leiva Medina represented by Kelley McNair Bruner
Southern Poverty aw Ctr
403 Washington Ave
Montgomery, AL 36104
334-956-8200
Fax: 334-956-8481 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
Attorney At Law
212 Flores Ave
Laredo, TX 78040
956-726-0038
Fax: 956-726-0030 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Edwin Alfredo Mancia Gonzales represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Mario Andres Rodriguez Galvan represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Raul Ruiz Hernandez represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Jose Adrian Rodriguez Hernandez represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Lidia Corpus Rodriguez
as next friend of her son Jose Alberto Hernandez Corpus, a minor child represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Jose Alberto Hernandez Corpus
a minor child represented by Kelley McNair Bruner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ricardo De Anda
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.

Defendant
Ranch Rescue Texas
an unincorporated association

Defendant
Border Rescue - Ranch Rescue USA, a Nevada Corporation

Defendant
Joseph Sutton represented by Marvin L Rader
Marvin L Rader & Associates
622 W Main St
League City, TX 77573
281-332-1400
Fax: 281-332-8885 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Torre John Foote
a/k/a Jack Foote

Defendant
Henry Mark Conner, Jr

Defendant
Casey James Nethercott represented by Joseph L Jacobson
Law Office of Joseph L. Jacobson
1108 Nueces
Ste 101
Austin, TX 78701
512-845-0379
Fax: 512-478-2044 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

[Savage Beast]

But seriously, CM, why do the American people allow all this litigation madness? Do they love trial lawyers that much? Say "lawsuit" to anyone and watch the pupils dilate.

Surely, a people who can put a man on the moon and conquer polio can think their way out of this litigation Gordian Knot...can't they?

We can't afford health care because we're paying off all those zillion-dollar plaintiffs' awards, the trial lawyers' fees, and the unnecessary tests that serve no purpose other than CYA.

Don't the American people know that they're paying for all this--through the nose???

Somebody somewhere somehow oughtta be able to figure out a way to give this rancher his ranch back.

The brilliant minds that have graduated from U.S. law schools could do it if they were not so busy raking in the jackpot from all that litigation.

[nicmarlo]

you forgot the very first one:

Campaign Finance Reform....the charge led by RINO McCain.

[BohDaThone]

thanks for the info -- I'll work on it.

[Isabelle]

I think your right on. Thanks for the post.

[DLfromthedesert]

Did you hear the mother on Steve Aiken's show in Tucson?

[cartman90210]

Sometimes I think Americans have gotten too apathetic to do anything about it, other times I think they're just so exhausted from trying to earn enough money to pay their bills that they have no time left for issues like this.

But as always, it's back to "follow the money" - as I mentioned in another thread, DHS honcho Tom Ridge left his post and joined the Board of Directors at Home Depot...you know, the company that builds "employee lounges" for all the "day laborers" who remain in the US with inpunity thanks to the DHS' lax enforcement policies. There is NO WAY this is coincidental - "hey Tom, thanks for looking the other way, now here's a cushy position where you get paid a nice fat salary for not doing much of anything" - even if they're aware of the long-term negative effects of these policies, they figure they'll be dead and gone by then. Willing to sell out their country for their own short-term gains. Reprehensible.

[DLfromthedesert]

Nethercott may have lost his ranch (His mother had power of attorney, which was ignored; she's still fighting); but evidently, you lost your soul if you think this is just.

[BohDaThone]

My point was why didn't the court just deport the illegal. There is no legal standing for a non-citizen to sue. Else everyone on the planet would be suing you and me for whatever they could dream up.

1. As I understand it, the suit was filed in state court -- that court can't "deport people"

2. Of course "non-citizens" can have standing to sue. If you buy a bulldozer from a Canadian, and don't pay -- he, she, or it can sue. For courts to be open to all people with claims is a mark of general common law and good practice. That's why Americans are willing to do business in Singapore and england, and much less so in Burma or Chad.

3. If what you mean is, why didn't the Feds arrest and deport an admitted illegal based on the info they got from the filing, you may have a point. But it's not the fault of the state court for treating a suit in a regular fashion.

And, even deportation wouldn't stop a legitimate civil suit. Suppose some gangster rap star decides to take an AK-47 to a 7-11. By (good/bad?) luck, he only wounds or kills illegals. Their families all sue -- even if they are all illegal and are deported, that would not prevent the court from having jurisdiction, and potentially hearing the case, just as if one of the injured were legal.

[nothingnew]

Why weren't these people arrested? Let alone allowed to SUE someone for the property they had every RIGHT to protect?

I appreciate what you say and agree 100%.

There's some around this site who will try to fillet you. I won't mention any names, but if you follow the "illegal immigration threads" you'll be able to pick them out.

I have updated my FMCDH (From My Cold Dead Hands) sign-off with the addition of (BITS).....Blood In The Streets, which I foresee coming soon, due to the enormous increase of the Marxist progressive movement being shoved down the throat of this failing REPUBLIC through the Judicial tyranny of fiat law, the passing of unconstitutional laws by the Legislative and Executive branches of our government and the enormous tax burden placed upon the average American to support unconstitutional programs put forth by Marxist ideology.

I do not advocate revolution. I only think of what I foresee.

FMCDH(BITS)