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Archive for June 14th, 2019

Weekend Series on Crime History: Dick Cheney on Watergate and the Presidency

Advocates Discover Premature Baby in a Crowded Border Patrol Facility

A detention center, via CBP.

By Steve Neavling
ticklethewire.com

Attorneys visiting a crowded Border Patrol facility in Texas made a startling discovery – a teenage girl in a wheelchair holding a tiny, prematurely born baby.

The lawyers said the baby, wrapped in a dirty towel and looking listless, was barely a month old, The Associated Press reports. The mother was in severe pain because of complications from an emergency cesarean section in Mexico.

“You look at this baby and there is no question that this baby should be in a tube with a heart monitor,” said Hope Frye, a volunteer with an immigrant advocacy group.

Since being in Border Patrol custody, the baby received no medical attention, the lawyers said.

The case sheds more light on the inhumane conditions that have been reported under the Trump administration by advocates and the Inspector General.

Since late last year, five children have died after being detained by the Border Patrol.

Black Secret Service Agent Claims He Was Detained, Held at Gunpoint Because of His Race

By Steve Neavling

ticklethewire.com

A now-retired Secret Service agent can proceed with his lawsuit claiming two U.S. Park Police officers arrested and held him at gunpoint because he is black, a federal judge ruled.

Nathaniel Hicks alleges in the suit that he was in his Secret Service-issued vehicle on the shoulder of a Maryland highway waiting to join Homeland Security Secretary Jeh Johnson’s motorcade when he was arrested by the Park Police officers in July 2015.

According to the suit, Park Police Officer Gerald L. Ferreyra approached Hicks’ vehicle, “drew his gun, pointed the weapons at Special Agent Hicks, and began screaming at him.”

Hicks said he explained what he was doing and showed his credentials to Ferreyra, who kept his gun pointed at the agent, whose car had a police antenna and a flashing bar.

The lawsuit alleges Ferreyra called for backup anyway, and Park Police Officer Brian Philips arrived. For more than an hour, according to the suit, the officers detained Hicks, and Ferreyra yelled and “spoke to him in a degrading manner.”

Meanwhile the motorcade passed, and one of the officers “mockingly waved his hand goodbye at the motorcade as it passed.”

After a supervisor arrived, Hicks was finally released but he was not able to reach the motorcade. According to the suit, Phillips then pulled over Hicks again and demanded his identification and car registration “despite just having had possession of these documents, and continued to talk to him in a demeaning and degrading tone with no possible justification.”

Hicks was eventually let go.

The officers, who dispute Hicks’ versions of events, asked a judge to dismiss the case against them, arguing immunity because they acted in a reasonably lawful way and did not violate Hicks’ rights.

Hicks’ attorneys disagree, saying the officers had “discriminatory motives,” partly based on their hostility toward Hicks.

“Based on upon the absence of probable cause, or even any reasonable suspicion to justify his prolonged seizure, it appears that Special Agent Hicks was singled out for unlawful treatment because of his race,” the complaint alleges.

In his deposition, Hicks described a tense encounter.

“When there is a gun pointed at you, regardless of what time it is, whether it’s night or day, you’re not going to forget that,” Hicks said. “In all my years of my position as a law enforcement officer, I never had that happen before.”

U.S. District Judge Paul Grimm declined to dismiss the suit this week, saying the officers did not have a good argument for failing to release Hicks before the motorcade arrived, NBC News reports.

“It is clearly established that detaining a person under these circumstances — when the officers had a reasonable suspicion that criminal activity was underway but, after some investigation, became aware that no criminal activity was happening at the scene — is a violation of the individual’s Fourth Amendment rights,” Grimm wrote.

Hicks, who retired shortly after filing the suit, is suing for compensatory and punitive damages, saying he suffered “significant embarrassment, humiliation, emotional distress, and the deprivation of his constitutional rights.”

“In addition to the manner in which defendants spoke to and treated him, it was particularly humiliating to be held on the side of the road as his colleagues passed by. That he was subjected to unlawful treatment because of his race compounds his emotional distress,” Hicks’ lawsuit said.