Posted on 02/10/2011 5:31:32 AM PST by La Lydia
An Arizona rancher who was ordered to pay nearly $90,000 in punitive damages to undocumented immigrants he confronted, with a gun, is going to request a rehearing, his attorney said. “We’ll be filing a motion for a rehearing,” said David T. Hardy, who is representing Roger Barnett. “He feels he got screwed. I have some sympathy for that view.”
The U.S. Ninth Circuit Court of Appeals last week upheld a lower court verdict ordering Barnett to pay the damages for the 2004 incident, in which the plaintiffs claimed that he approached them with his dog and said he’d shoot them if they tried to leave. The court said that an Arizona law permitted a person to threaten to use – or actually use – physical force against someone else when that person believes it is necessary for protection “against the other’s use or attempted use of unlawful physical force.”
But the court said that Barnett held them at gunpoint even after becoming aware that no one in the group of 16 men and women was armed, and so he could not use the argument of self-defense....
Hardy took exception at MALDEF’s description of Barnett as a trigger-happy vigilante.
He said Barnett has been “swamped” by the impact of undocumented immigrants and drug smugglers coming onto his property. Hardy said "the FBI twice told him his life was in danger."
“Whole areas of his land have been covered in trash” left behind by people crossing on it illegally, Hardy said. “Some are parties of illegal entrants, sometimes there are groups of 40 or 50. He has drug smugglers come through too. They take vehicles and plow through his fence.”...
(Excerpt) Read more at latino.foxnews.com ...
Good for him!!!! This judgment was really insane....
The legislators who pass the laws and the Presidents who appointed the judges were all elected by the people. One would therefore assume the government is representing the wishes of the people. If not, the people should stop electing the representatives and Presidents responsible for the conduct of the bureaucracy and the courts.
How many federal judges are impeached and removed by Congress each year? Very few if any. Impeachment is the Constitutional check on the power of runaway judges. Since Congress is not removing judges one must presume Congress is satisfied with their behavior. If Congress isn’t removing judges one must also presume the people who elect the representatives are satisfied with the rulings of the judges.
In addition the people have the ability to check the power of the courts through a Constitutional convention or Constitutional amendment. There is no popular movement underway to amend the Constitution or call a convention to reign in the judicial branch. Therefore, the majority of the people must be either satisfied with or indifferent to the actions of the judiciary.
The point I am making is until the people rise up and change the government, we will have status quo.
Hopefully this will lead to more victims like this rancher reverting to the “shoot, shovel and STFU” method of dealing with property violence committed by illegals.
“”The U.S. Ninth Circuit Court of Appeals last week upheld a lower court verdict ordering Barnett to pay the damages for the 2004 incident””
Wasn’t the judge in the lower court the judge who was killed in Tucson at the same time the congresswoman was shot?
The institution? I wish——well, maybe individual lawmakers.
Wow!
Once, when I was a kid, I was trespassing on Old Mr. Williams’ farm and he approached me with his dog and his shotgun and told me he would shoot me with rock-salt if he saw me on his property again.
I never considered suing him, I just (quickly) left his property and never trespassed there again...
...and hoped he didn’t tell my parents.
To this day, for some reason, the song ‘Mr. Charlie’ always makes me think of that old man...
Yes, I think so.
The judge needs to be arrested.
Shoot, shovel and shut up.
That will be the result if he is forced to pay the invaders; the next guy will know what he’s up against and act accordingly.
The judge is dead.
That's what most Americans want, the status quo, and the promise of liberalism.
As soon as I typed out that thought, this came to mind. This is how the anti-christ is going to enter and take over the world.
Stuff like this makes my blood boil.
*biting my tongue*
Amen to that brother!
When I was about 10 a group of us were up in the apple trees of a neighboor when he came home and caught us and sent us packin...he wasnt packin but we were...
Boy those were good apples...but the whipping my Dad gave me for trespassing and stealing made me forget about them...
“.....But the court said that Barnett held them at gunpoint even after becoming aware that no one in the group of 16 men and women was armed, and so he could not use the argument of self-defense....”
Fer cryin’ out loud there were 16 of them.
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