Posted on 03/24/2007 7:57:05 AM PDT by radar101
In a case eerily reminiscent of the controversial jailing of Border Patrol agents Jose Compean and Ignacio Ramos while the illegal-alien drug-smuggler they wounded went free, two illegal aliens are now suing imprisoned Texas Deputy Sheriff Gilmer Hernandez for injuries from shell fragments that struck them as the officer shot at the tires of a van in which they escaped from a routine traffic stop.
Maricela Rodriguez-Garcia and Candido Garcia-Perez are preparing to file a civil lawsuit against Hernandez and Sheriff Don G. Letsinger, possibly seeking millions of dollars in damages for alleged violation of their civil rights.
Jimmy Parks, defense attorney for Hernandez, told WND the lawsuit "has just become standard operating procedure down here on the border."
"There is a natural progression that begins when these people organize a professional (human) smuggling ring to get illegal aliens into the United States," he said. "They become very sophisticated at it, then when law enforcement makes the attempt to try to break up the smuggling ring, they just run away."
WND has obtained a copy of a draft complaint to be filed in the U.S. District Court in Del Rio, Texas, against Hernandez and Letsinger, both individually and in their official capacities.
Parks said he was not surprised by the lawsuit and expects "the illegal aliens are going to sue for millions in this case."
(Excerpt) Read more at freerepublic.com ...
Oh and they aren't sueing this man. From his statements, he isn't wealthy and had just recently put himself thru college while taking care of his mom. We are the one's these people are sueing IMO.
This is another incident from last week (3/21) of another officer who may face prosecution.
Two men held after attempt to ram deputy with pickup
http://www.elpasotimes.com/news/ci_5476027
Two men have been arrested in connection with a traffic stop Sunday in Santa Teresa that led to shots being fired.
Jorge Chavez Muñoz, 20, and Ernesto Ortiz-Campos, 21, are charged with possession of marijuana with the intent to distribute, Doña Ana County Sheriff's Office Investigator Robyn Gojkovich said.
The men were in a pickup about 8:40 a.m. Sunday when a Doña Ana County sheriff's deputy tried to pull their vehicle over at mile maker 137 off Highway 9 on an alleged traffic violation. The vehicle allegedly did not stop and continued into a desert area, she said.
"When the vehicle came to a stop, the sheriff deputy got out of his unit, the driver of the vehicle back the vehicle up and went for the sheriff deputy," Gojkovich said.
Gojkovich said the deputy shot at the truck because the driver used the vehicle as a deadly weapon. The men fled on foot and were detained with the assistance of Border Patrol agents. No one was injured.
Initially, Gojkovich said one of the men in the truck fired a shot at the sheriff deputy and that the deputy returned fire. She later revised her statement.
The investigation is continuing.
WRONG!
There is such a thing as assumption of the risk.
These were CRIMINALS.
They were performing a criminal activity.
They were in a STOLEN vehicle.
They were presenting a danger.
You don't get an "criminal activity offset" just because the cop made a error.
This is purely about attorney's fees and creating fear in the police.
If you were suing it would be because you were a criminal engaged in a criminal act.
The fact they were in a ciminal activity viciates any tort claims.
a criminal conviction can be used as a presumption of liability in a civil case.
If OJ was found guilty it would have essentially eliminated the need of the civil trial and would have only had a issue as to the amount of the liability.
This case is about attorney fees and liability insurance.
There is no brilliant lawyering, there is no brilliant cause. Just ambulance chasing.
However, this is a perfect argument for criminal tort reform.
Sher: "US citizens whose property is located close to the Mexican border are under siege from the illegals' crossings into the country. Why are so many of them being sued?"
David (Stoddard): "Each Mexican Consulate in the United States keeps a group of lawyers on retainer. The Mexican Consulate is much like a big city pimp who keeps a stable of prostitutes. These lawyers are U.S. educated but they work for the Mexican government within the U.S. judicial system. By treaty, whenever a Mexican citizen is encountered by U.S. law or a U.S. citizen, the Mexican Consul is notified. If a U.S. Citizen border resident detains a trespasser who turns out to be a Mexican illegal alien, he is turned over to the U.S. Border Patrol. The Border patrol submits a report to the Mexican Consul containing all the details such as names and location. The Consul then consults with one of his U.S. lawyers. The lawyer then brings a suit in civil court against the U.S. Citizen usually for some contrived "civil rights" violation. The result is that U.S. border residents are reluctant to protect themselves against illegal alien thugs, thieves and vandals. The court costs are simply too much for most of us, so why take a chance? This is the way the Mexican government assures the free passage of its citizens across privately owned U.S. property."
Consider the fact that 60% of all judges come from the clique of the DOJ.
Liberal Lawyers dominate the potential judge pools.
It is very likely all 8 of those prosecutors were liberals. Liberals who potential to be federal judges was terminated.
No wonder the democrats are pissed.
The MSM is complicit because they don't think anyone should own property.
(after all they have theirs. A nice apartment in NYC)
Eight US Attorneys were fired. WHY NOT THIS ONE!?!
All foreign invaders should be shot on sight!!
Boom!!
>Those of us in Texas put lots of stock in our Texas Rangers' investigative skills and thoroughness, I'll go with their conclusions anytime.<
The ones I've met aren't the kind of boys who would grab their ankles because a politician or a superior ordered them to. I'll go with their conclusions anytime too.
Oh, and where are the usual FR suspects who always appear within milliseconds whenever an immigration post surfaces. The quislings seem to be strangely missing lately. Good riddance.
Words fail me.
Don't you wonder why a person shouldn't expect bad consequences from running when ordered to stop by a cop?
Compean, Ramos, and Hernandez are the Hispanic vote.
Yes, I've wondered about that too. For years I've asked how does truckling to the ILLEGAL aliens improve the Republicans' chances with Americans of Hispanic origin.
Makes me sick to my stomach.
Headline: "Bush Administration backs undocumented immigrants' legal actions against Jose Compean, Ignacio Ramos, and Gilmer Hernandez. Don't want to lose Hispanic vote says Rove."
"Compean, Ramos, and Hernandez are the Hispanic vote."
THANK YOU. So is ViLaLuz and family.
The case has been settled; the illegals will get $100,000 (http://worldnetdaily.com/news/article.asp?ARTICLE_ID=55025).
Makes me want to vomit.
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