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Thread: 16 illegal aliens sue AZ man (and WIN!?!) for $32million for detaining them

  1. #1

    16 illegal aliens sue AZ man (and WIN!?!) for $32million for detaining them

    I think this is a new low. Mexicans cross the border illegally into the US, get caught by the owner of the land, then sue him ($32 million!) for violating their civil rights, that they aren't legally entitled to if they hadn't have broken the law in the first place. Our own government sure isn't doing anything to protect our borders...

    http://www.wnd.com/index.php?fa=PAGE.view&pageId=87988

    Posted: February 05, 2009
    12:00 am Eastern
    By Chelsea Schilling
    © 2009 WorldNetDaily

    A group of 16 illegal aliens is suing an Arizona rancher, claiming he violated their civil rights, falsely imprisoned them and inflicted emotional distress by holding them at gunpoint on his property along the border.

    The federal lawsuit against Douglas, Ariz., rancher Roger Barnett, his wife, Barbara, and his brother, Donald, is taking place before Judge John Roll in U.S. District Court and will run through Feb. 13. The Mexican American Legal Defense and Educational Fund, or MALDEF, is representing the five female and 11 male illegals.

    Al Garza, National Executive Director for Minuteman Civil Defense Corps, attended the first day of hearings on Monday. While the plaintiffs allege that Barnett attacked them because he is racist, Garza, an American of Mexican descent, said Barnett has never shown any hostility toward him.

    "There is no racist agenda here, or I wouldn't be a part of it because I am an American of Hispanic descent," Garza said. "We don't hate anyone from any particular country. We just want our laws enforced. This is not about color."

    Many of the aliens are residents of Michoacan, Mexico. Four live in Illinois, one resides in Georgia and another in Michigan. All of the plaintiffs currently living in the U.S. listed pseudonyms in the lawsuit due to "fear of adverse action based on immigration status."

    According to the complaint, Barnett, a resident of Douglas who owns 22,000 acres along the border in southeastern Arizona, approached the group of illegals on an all-terrain vehicle on March 7, 2004. He allegedly began yelling at them in English and broken Spanish while aiming his gun at the group. While Barnett's dog barked at the intruders, the illegal aliens accused him of ordering the dog to attack. One of the women said the rancher kicked her because she refused to get up.

    Barnett allegedly detained the trespassing illegals until Border Patrol agents arrived.

    But Garza said their testimonies don't add up.

    "I saw yesterday that these stories were fabricated," he said. "They were coerced into saying things that would ordinarily not be said by an illegal immigrant with no education."

    Garza said Barnett's dog has never been vicious and that Barnett did not kick the woman. He also said one female witness told the court the group had been robbed in Mexico and that the only time they feared for their lives was when Barnett accosted them.

    "She said she was not afraid in Mexico because there were only four men, and there was only one gun, and the way that they robbed them was in a very nice, very polite fashion," he said. "But when Barnett came into the picture, she said he was very vicious and he wanted to kill them. So they were more afraid of one American defending his property than four robbers on their side."

    The lawsuit alleges that Barnett never told the illegals they were trespassing and failed to post a sign notifying them that they were on private property. Because they detained the group, the Barnett family is accused of depriving the plaintiffs of equal protection and due process under the law.

    "What in the world are they doing on anyone's property?" Garza asked. "What are they doing in the United States? It doesn't make any sense."

    He continued, "They are here breaking laws. They conspired to come here. What makes anyone believe that they are credible?"

    MALDEF claims the family attacked, harassed, threatened and held the illegals against their will because they were motivated by racial and class-based discrimination. The Barnetts allegedly caused the group "severe emotional and mental distress," including fear, anxiety, humiliation, stress, frustration and sadness. Each illegal alien is suing for $1 million in actual damages and $1 million for punitive or exemplary damages.

    In March, the same judge refused to have the lawsuit thrown out, because he said he believed the family denied the aliens' right to interstate travel and that the detention was racially motivated.

    The Minuteman Civil Defense Corps and Arizonans for Immigration Control have been rallying in support of Barnett in front of the court.

    Garza said property owners are forced to deal with the consequences when immigration laws are not strictly enforced. Illegal aliens cross the border and destroy private property every day.

    "I wouldn't blame the guy if he told them to leave," Garza said. "I would have done the same thing because of all of their discarded trash. They urinate everywhere. There is feces all over the place, discarded clothing, shoes, backpacks, cans and other things that we're responsible to pick up. They do that, and we're racist?"

    In a 2004 interview with Fred Elbel and Frosty Wooldridge, Barnetts said he used to pick up trash from illegals, but he no longer makes the effort.

    "I won't pick it up because some day, I think if our government gets up off their a-- and does the job they're supposed to, they're going to quit coming across and I can make one big concentrated effort, if I'm still alive, to get the trash off," he said. "It's going to take 20, 30 or 40 people with garbage bags to carry it off ... of one particular area. Some days, I think what the hell am I doing this for?"

    Garza said groups of illegals cross the border and head to Tucson, Phoenix and other staging areas in Arizona.

    "From there, they go into Michigan, Idaho and wherever the demand is," he said. "They find jobs in the hotel business, working at golf courses, landscaping, cooking, and washing dishes. It's not because Americans won't do these jobs; it's because they don't want to pay."

    While illegals may only earn $7 an hour for such jobs, Garza said they find other ways to compensate for lack of income.

    "They don't mind because they go on welfare and use aliases. They get welfare, food stamps, free education, section 8 housing. They don't have to pay taxes. Why not work for $7 an hour?"

    Garza told WND he believes politicians need to stop caving into demands for cheap labor so the influx of illegals will stop. They must secure the borders, enforce immigration law, hold people who hire illegals accountable and stop giving social benefits to noncitizens.

    He said, "We're inviting them by giving them an appetite for things like jobs, public and social services like welfare, free medical and things that we don't get as taxpayers."

    In the interview, Barnett said he has tried to contact his representatives about the wave of illegals coming across his property.

    "They won't listen," he said. "They're useless."
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book



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  3. #2
    What do the libertarians for open borders think about the vandalism and littering on this citizen's private property?

    Personally I think this guy should get a medal. He's helped law enforcement capture 12,000 illegal immigrants, has never shot a single one of them (it has to be dangerous) and even put taps on his water tanks (obviously in an effort to keep the immigrants from destroying them).

    He must have incredible patience.
    "Your mother's dead, before long I'll be dead, and you...and your brother and your sister and all of her children, all of us dead, all of us..rotting in the ground. It's the family name that lives on. It's all that lives on. Not your personal glory, not your honor, but family." - Tywin Lannister


  4. #3
    Washington Times picked this up too.

    http://www.washingtontimes.com/news/...izona-rancher/
    "Your mother's dead, before long I'll be dead, and you...and your brother and your sister and all of her children, all of us dead, all of us..rotting in the ground. It's the family name that lives on. It's all that lives on. Not your personal glory, not your honor, but family." - Tywin Lannister


  5. #4
    Quote Originally Posted by Cowlesy View Post
    What do the libertarians for open borders think about the vandalism and littering on this citizen's private property?

    Personally I think this guy should get a medal. He's helped law enforcement capture 12,000 illegal immigrants, has never shot a single one of them (it has to be dangerous) and even put taps on his water tanks (obviously in an effort to keep the immigrants from destroying them).

    He must have incredible patience.
    I have met very few libertarians who believe in open borders while there is a welfare state. I'm all for open borders, myself, but not if we're letting these immigrants go on the dole for all sorts of freebies.

  6. #5

    16 illegal immigrants sue Arizona rancher

    http://www.washingtontimes.com/news/...izona-rancher/


    "An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border."

    "Mr. Barnett told The Washington Times in a 2002 interview that he began rounding up illegal immigrants after they started to vandalize his property, northeast of Douglas along Arizona Highway 80. He said the immigrants tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home.

    Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water. "


    I swear, if the illegals win this lawsuit I lose all faith in this country.

  7. #6
    Property rights are overrated.

  8. #7
    Quote Originally Posted by DrRP08 View Post
    I swear, if the illegals win this lawsuit I lose all faith in this country.
    Why's it taken 'till now?

  9. #8
    Quote Originally Posted by Xenophage View Post
    I have met very few libertarians who believe in open borders while there is a welfare state. I'm all for open borders, myself, but not if we're letting these immigrants go on the dole for all sorts of freebies.

    Or an imperialist warfare state that's been pissing of the world for the last 20+ years.



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  11. #9
    This guy was defending his land from trespassers. On top of that, they were foreign nationals which means they have no rights here. I'm amazed that somebody can take this to court on their behalf and have a leg to stand on. I'm even more amazed that the judge allowed it.

    This crap makes me sick at night. Its no wonder our country is so F'd up. Nobody wants to do good for fear of being sued. Hell, now if you rescue somebody from a car and make their injuries worse while trying to save them, you're liable [1]. Pretty soon everybody will stay in their house because if they walk down the street and somebody thinks you looked at them the wrong way, they'll sue. Worst part... some judge will probably hear the case!

    [1] http://abcnews.go.com/TheLaw/story?id=6498405&page=1
    Lead, follow, or get the hell out of the way!

  12. #10
    Mike Gallagher was talking about this today on Conservative Radio.

    This case shouldn't exist. They trespassed on his land, vandalized his land, all for a "better life." These illegals should not get any American rights. I live in a largely Hispanic neighborhood, and there are people who sell identities and social security cards to let these illegals pick up federal benefits under "legal" status. My county hospital allows healthcare to illegals. Talk about a waste of tax dollars!

    My congressman (Gutierrez D-IL 4th Dist.) advocates save havens for illegals. There was once a case where feds attained a warrant to a church housing illegals, but mass protests from the Hispanic majority followed, and no action has been put on these individuals who have BROKEN THE LAW.

    Give Barnett a medal. I wish all Americans were just as vigilant as he.
    "A goverment that is big enough to give you all you want is big enough to take it all away." -- Barry Goldwater

    "The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them."
    -- Patrick Henry

  13. #11
    Quote Originally Posted by Cowlesy View Post
    What do the libertarians for open borders think about the vandalism and littering on this citizen's private property?
    Property rights trump national borders.

  14. #12
    Sounds like a frivilous lawsuit! So if the bank robber sued the bank because he fell on the wet floor and broke his leg should he win? Does non citizens (illegally in the country no doubt) have any right to sue? So when does the government draw the line as to protection of your property and protection of your country? This guy might have responded more favorably than how I would have if I were in his situation in the middle of nowhere with police/INS response slow or nill.
    The American people will never knowingly adopt Socialism. But under the name of
    'liberalism' they will adopt every fragment of the Socialist program, until one day
    America will be a Socialist nation, without knowing how it happened. ~ Norman Thomas

    Insurrection will amass from the inside. ~ Me 3/17/09

  15. #13
    All they are doing is making him and others wish they just shot the scum on sight.

    I am for an open border, although only after we abolish the welfare state. However, even with an open border, one is entitled to defend their land.

  16. #14
    Illegals probably will win this suit because half the people on the jury will probably be illegals.
    1776 > 1984

    The FAILURE of the United States Government to operate and maintain an
    Honest Money System , which frees the ordinary man from the clutches of the money manipulators, is the single largest contributing factor to the World's current Economic Crisis.

    The Elimination of Privacy is the Architecture of Genocide

    Belief, Money, and Violence are the three ways all people are controlled

    Quote Originally Posted by Zippyjuan View Post
    Our central bank is not privately owned.

  17. #15
    Golding
    Member

    I've been thinking about this one lately. Important things to note is that the damage described by the land-owner was committed in 1998. My first instinct is that this should be looked at as a citizen's arrest, but nothing the immigrants did were federal crimes (illegal immigration, as of yet, is not a federal crime).

    Arizona does have a castle doctrine, which absolves him from any wrongdoing in threatening the immigrants with violence (or actually performing violence). But an argument can be made that the castle doctrine doesn't specify that you may hold a criminal in transition to the police. Arizona House Bill 2629 was passed in May 2008 so that one may brandish a weapon to hold a criminal until the police could come, but it was vetoed by then-governor Janet Nepolitano (now Secretary of Homeland Security, go figure).

    Clearly this person is in the right to defend his property. And typically we tend to glorify people who capture people in the act of a crime and turn them over to the police. Seems strange that there's nothing to support the behavior, though, whereas actually killing the person is okay. But maybe that's where the irrationality is. Is the law designed so we're told what we are supposed to do, or is it designed so there is a definition of what not to do...

  18. #16
    Quote Originally Posted by Golding View Post
    I've been thinking about this one lately. Important things to note is that the damage described by the land-owner was committed in 1998. My first instinct is that this should be looked at as a citizen's arrest, but nothing the immigrants did were federal crimes (illegal immigration, as of yet, is not a federal crime).
    It is a federal crime

    http://caselaw.lp.findlaw.com/script...tle=8&sec=1325



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  20. #17
    //
    "Your mother's dead, before long I'll be dead, and you...and your brother and your sister and all of her children, all of us dead, all of us..rotting in the ground. It's the family name that lives on. It's all that lives on. Not your personal glory, not your honor, but family." - Tywin Lannister


  21. #18
    He LOST the court case!

    "Your mother's dead, before long I'll be dead, and you...and your brother and your sister and all of her children, all of us dead, all of us..rotting in the ground. It's the family name that lives on. It's all that lives on. Not your personal glory, not your honor, but family." - Tywin Lannister


  22. #19
    Quote Originally Posted by Cowlesy View Post
    He LOST the court case!

    Link?
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  23. #20

  24. #21
    I wish I didn't have liabilities. I'd love to get down to the border.

    I can't $#@!ing believe they awarded those mexicans damages.
    "Your mother's dead, before long I'll be dead, and you...and your brother and your sister and all of her children, all of us dead, all of us..rotting in the ground. It's the family name that lives on. It's all that lives on. Not your personal glory, not your honor, but family." - Tywin Lannister


  25. #22
    That's crazy. Our legal system is getting more out-of-hand by the day. I mean come on. They were trespassing, just broke federal immigration law, and the guy gets hit for $70K to people that are STILL illegally in the country and never appeared at trial due to their illegal status! They aren't even named in the lawsuit! They used aliases. How screwed up is that?!?! So much for the right to confront your accuser.
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  26. #23
    Quote Originally Posted by DamianTV View Post
    Illegals probably will win this suit because half the people on the jury will probably be illegals.
    Not likely since the jury duty pool typically comes from the state database of registered voters (that is the case in Texas).

    Other states include licensed drivers.

    In either case, only US citizens are included in the pool.

    BTW, the last thing an "illegal" wants to do is waste a day on jury duty for $6/day. They come here to make money, not waste time in court for a few pennies a day (last time I had jury duty, the daily fee didn't even cover what it cost me to park at the courthouse)- in other words, you PAY for the privilege of jury duty.

  27. #24
    Quote Originally Posted by RideTheDirt View Post
    http://www.reuters.com/article/domes...51H13820090218

    Wow that pisses me off. It's his property!
    Yeah, but you wouldn't know it by reading this article. It wasn't mentioned at all (unless I missed it)
    .
    Reality is independent of Popularity.



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  29. #25
    Quote Originally Posted by devil21 View Post
    That's crazy. Our legal system is getting more out-of-hand by the day. I mean come on. They were trespassing, just broke federal immigration law, and the guy gets hit for $70K to people that are STILL illegally in the country and never appeared at trial due to their illegal status! They aren't even named in the lawsuit! They used aliases. How screwed up is that?!?! So much for the right to confront your accuser.
    I think we need to stop getting all of our news from "World Net Daily"- they don't always give you the entire story.

    All 6 plaintiffs DID attend the trial- 5 have visas pending, the 6th was given special permission to come into the USA for the trial.

    The rancher was found NOT GUILTY on civil rights violations, battery, and false imprisonment.

    He was found guilty of assault (all you need to do is pull a gun on someone for that).

    BTW, this this rancher has been in court numerous times for similar acts- a few years ago, he lost a $100k settlement for doing the same thing to American citizens of Mexican descent who were on a hunting trip. He's been hunting illegals for years and claims to have turned in thousands.

    Originally, there were more than a dozen defendants, but charges against all but the one rancher were dropped.

    Folks, this was an AMERICAN jury. They aren't crazy. It sounds to me like they came to the right decision.

    Get all the details before going off on a rant. WND wants to get you worked up, so they selectively leave out details- don't get played for a sucker.

  30. #26
    Quote Originally Posted by RSLudlum View Post
    Yeah, but you wouldn't know it by reading this article. It wasn't mentioned at all (unless I missed it)
    Even on your own property, you aren't allowed to assault someone who poses no threat to you, even if they are trespassing.

    Seriously, try it.

    Put up a "no trespassing" sign. Then, next time someone comes to your door to sell girl scout cookies or tell you about how great their version of God/Jehovah/Allah/whatever is, pull a gun on them, sic a dog on them, and detain them.

    Then wait and see if you get in any trouble with the law, lol.

  31. #27
    A few years ago a man in AZ pulled out the citizens' arrest thing on a man leading illegals into the country. In AZ a citizens' arrest is legal if the offense is a felony. Being in the US illegally is not a felony; human trafficking is.

  32. #28
    Quote Originally Posted by libertarian4321 View Post
    I think we need to stop getting all of our news from "World Net Daily"- they don't always give you the entire story.

    All 6 plaintiffs DID attend the trial- 5 have visas pending, the 6th was given special permission to come into the USA for the trial.
    So they are still illegals. What's your point? WND said they didn't appear and used aliases. What is your source otherwise?

    The rancher was found NOT GUILTY on civil rights violations, battery, and false imprisonment.

    He was found guilty of assault (all you need to do is pull a gun on someone for that).
    That's bull$#@!. If someone is trespassing on your land after illegally entering the country, it's not assault. It's doing your duty as a citizen of a soveriegn nation. So much for wanting to protect America. Would it have been assault if they were Al Qaeda instead? Or does it only matter when it's easy to pull the race card and rely on pro-illegal groups like the one that represented these illegals?

    BTW, this this rancher has been in court numerous times for similar acts- a few years ago, he lost a $100k settlement for doing the same thing to American citizens of Mexican descent who were on a hunting trip. He's been hunting illegals for years and claims to have turned in thousands.
    I believe it was $10,000, not $100,000, but no matter. Thank god someone actually gives a $#@! about protecting our borders. It's a shame that you will now be penalized for doing what the government refuses to do, even though it is mandated in the Constitution and the US Code.

    Folks, this was an AMERICAN jury. They aren't crazy. It sounds to me like they came to the right decision.
    $70,000 for holding illegals at gunpoint while the Border Patrol arrives to *do their job* is the "right decision"? Are you crazy?

    Get all the details before going off on a rant. WND wants to get you worked up, so they selectively leave out details- don't get played for a sucker.
    There's no special details you are privy to that no one else is. Here's the details that matter:
    1. Mexicans crossed the border, thereby breaking the law and trespassing.
    2. The landowner stopped them and called the Border Patrol to come do their job.
    3. Landowner gets sued for $32m.
    4. Landowner must pay $70K to illegals that had no right to be where they were in the first place.

    This reminds me of the cases where a crackhead breaks into a house, gets shot by the resident, then has the nerve to sue for assault. It's pure madness.
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  33. #29

    Human Rights

    People, You are forgetting the words of our founding fathers. The rights that we have in this country are God given. They are human rights. How can we claim that the rights that are expressed in the Declaration and Constitution are God given and inalienable if we don't honor someone's rights just because they are a foreign national. Our rights are not granted to us by government. They are not granted because we are United States Citizens. Rights aren't granted at all. They belong to us from the moment we are conceived. If you believe that the rights that are expressed in the Declaration and Constitution do not belong to a man because of his nationality then you are no advocate for freedom.

    However, the illegal immigrants rights were not violated in this case. The owner of the property has the right to secure his property. By using the owners property the illegal immigrants are violating the property owner's property rights, and he has every right to defend his property.

  34. #30
    These idiots are going to get loads of their brethren hurt. How many residents on the border in the future will just shoot first and ask questions later, rather than let these jokers go to sue them for attacking their property?

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