[Illegal]Immigrant sues, alleges brutality from Border Patrol agents

The Brownsville Herald ^ | Dec 03, 05 | SERGIO CHAPA

[SwinneySwitch]

December 3, 2005 — A Honduran man claims in a federal lawsuit that U.S. Border Patrol agents beat him up to the point that he was hospitalized for two weeks in 2003.

Court records show that Santos Roque Ramirez Carias, an undocumented immigrant, swam across the Rio Grande near El Calaboz, upriver from Brownsville, on Dec. 23, 2003.

Ramirez, 41, fled from Border Patrol agents after being spotted in a field, according to a federal lawsuit filed Monday.

Ramirez claims that he surrendered with his arms raised but was tackled by agents John South and Ruben Torres.

The two agents allegedly took turns hitting Ramirez in his back and legs, then lifted him by the shoulders and slammed him down on the ground before one of them kicked him in the groin.

The agents allegedly handcuffed and struck the Ramirez three to four more times and repeated racial slurs.

According to the lawsuit, agent Matthew Wess arrived to the scene and grabbed Ramirez by his armpits and neck when the immigrant told him he could not get up.

Ramirez told Wess that he thought the others must have broken his back and the agent allegedly replied that the Honduran immigrant was “a good actor.”

Ramirez claims the agents picked him up and dropped him several more times and told him that he was “faking his injuries” and that he could “swim back” or “go to jail” if he went to the hospital.

According to the lawsuit, the Honduran man insisted on going to the hospital and had to be driven in a Border Patrol vehicle to meet an ambulance that took him to Valley Baptist Medical Center-Harlingen.

Abner Burnett with the South Texas Civil Rights Project said his client was in the hospital for two weeks and underwent surgery for a broken hip and a herniated disc in his back, among other injuries.

Burnett said his client is seeking damages because he was “nearly beaten to death,” costing him the ability to work as a laborer or in construction.

The San Juan attorney said a review of internal Border Patrol reports shows that Ramirez did not put up a fight during the incident.

“There was nothing to indicate they the agents were in danger or afraid of him,” Burnett said. “They tipped the scale and used excessive force.”

Federal court records show that the federal government had not been served with a copy of the lawsuit as of Friday evening.

But U.S. Border Patrol officials said an administrative and external review of the incident cleared the agents of any wrongdoing and shows that Ramirez’s injuries were solely sustained when he was tackled while fleeing from the agents.

“The Office of the Inspector General, an independent investigative body of the government, looked into the case, investigated it and found no criminal wrongdoing,” said agency spokesman Salvador Zamora.

“An administrative review was conducted to determine if there were any policy or procedural violations and none were found,” he said.

Undocumented immigrants often flee apprehension but agents are trained to use, “the minimum amount of force to affect an arrest,” Zamora said.

Once detained, Zamora said immigrants are given their rights and given the opportunity to file complaints.

“We take all allegations extremely seriously. There is no tolerance for excessive force.”

U.S. Immigration Court records show that Ramirez was ordered for deportation at a March 15 hearing.

Zamora said one of the three agents attended the hearing and that Ramirez recanted his brutality claims before an immigration judge.

Burnett could not be reached for comment about Zamora’s statement, but the San Juan attorney said in an earlier interview that Ramirez reunited with his wife and family in Louisiana after the hearing.

schapa@brownsvilleherald.com

[SwinneySwitch]

"....the San Juan attorney said in an earlier interview that Ramirez reunited with his wife and family in Louisiana after the hearing."

Pathetic!

[cripplecreek]

I wonder what racial slurs Ruben Torres used?

[FlingWingFlyer]

The NEW "American dream." Sneak into America. Win a huge lawsuit. Go back to Honduras and live like a king for the rest of your life. Cool.

[umgud]

I kinda doubt they just beat him for no reason. They probably did go overboard and he may win the suit, but I suspect the first thing out of his mouth next time he meets an agent is; Yes Sir!

[cripplecreek]

Yeah, a good lawyer can find a doctor to diagnose a herniated disc but a broken hip is a little tougher to pull off.

[SteveMcKing]

Here they are, the enemies within:

Jaime Ortiz, Corinna Spencer-Scheurich, Sr. Moira Kenny, Noemi Martínez, and Abner Burnett

The South Texas Civil Rights Project
P.O. Box 188
San Juan, TX 78589-0188
(956) 787-8171

email: southtexascivilrightsproject@netzero.com

[SwinneySwitch]

BP Ping!

Please FReepmail me if you want on or off this South Texas/Mexico ping list.

[ncountylee]

Is net zero still a free service?

[SteveMcKing]

Don't know, but I'm sure Chief Enabler Abner Burnett can afford his own private server in his scuzzy line of work.

[inquest]

If in fact the BP agents are guilty, then I'd agree they should be sanctioned in some way. But the illegal shouldn't get a dime out of it. He had no business being here in the first place.

[Flavius Josephus]

Zamora said one of the three agents attended the hearing and that Ramirez recanted his brutality claims before an immigration judge.

For any of us once you change your story once your credibility is shot. For an illegal? All rules are probably off.

[metmom]

I cannot figure out why people believe every word form someone who has so much to gain from charges like this. All these charges of *brutality* that no one can verify rot. Just like the ones from POW's. They hate America and are telling the truth. Sure, right.

[CindyDawg]

Shame on Mr. TORRES. While they are working on new immigration laws our leaders should add that people here illegally should only be able to file criminal charges.

[clee1]

Next time, just shoot him.

No plaintiff, no lawsuit.

[no-to-illegals]

now for what really (probably) took place.
expect more of the same..types of lawsuits.
illegals are now going to attempt to bleed
American's dry in our justice system.......

now.. for what (probably) took place.........
this guy had someone beat him up prior to the
encounter with the border patrol, and as I said
look for more of the same as these criminals
continue to bleed Americans.

[CindyDawg]

Actually that should be for anyone, involved in a crime at the time.

[eeriegeno]

But U.S. Border Patrol officials said an administrative and external review of the incident cleared the agents of any wrongdoing and shows that Ramirez’s injuries were solely sustained when he was tackled while fleeing from the agents. “The Office of the Inspector General, an independent investigative body of the government, looked into the case, investigated it and found no criminal wrongdoing,” said agency spokesman Salvador Zamora.

End of subject, end of complaint.....

Now send this pathetic Honduras dude back where he came from.....

[the gillman@blacklagoon.com]

...Abner Burnett with the South Texas Civil Rights Project said his client was in the hospital for two weeks and underwent surgery for a broken hip and a herniated disc in his back, among other injuries...

So we did get stuck paying for this criminal invader.

[the gillman@blacklagoon.com]

...I kinda doubt they just beat him for no reason...

No reason? He's a criminal, an invader.

Every other country in the world would have shot him.