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Tag: lawsuit

Man Killed by FBI Was Acting As Informant Months Before the Fatal Shooting

fbi logo largeBy Steve Neavling
ticklethewire.com

Allen Desdunes was acting as an FBI informant months before agents fatally shot him more than two years ago in New Orleans.

The New Orleans Advocate reports that the 37-year-old broke off contact with the FBI after helping the bureau with its investigation of a local heroin ring.

Desdunes was in contact with the FBI on a daily basis before he apparently backed out of a deal that would have kept him out of jail after getting busted with several thousand dollars worth of heroin in his car.

The revelations are part of a lawsuit by the Desdunes family that claims he “did nothing to provoke” the deadly shooting.

The FBI and New Orleans police converged on a Motel 6 on June 30, 2013, after believing that Desdunes was selling drugs from the hotel.

The lawsuit claims that Desdunes was killed after two unmarked cars rammed their vehicle into his car.

“Seconds later a gunshot or gunshots were fired,” according to the lawsuit.

Three Honduran Women Sue Federal Government After Being Raped by Border Patrol Agent

border patrol 3By Steve Neavling
ticklethewire.com

Three Hondurans are suing the federal government for $3 million after they were sexually assaulted last year by an on-duty Border Patrol agent who has since killed himself, San Antonio Express-News reports.

The attack occurred when an adult woman and two girls illegally crossed the border in March 2014 and were encountered in Hidalgo County in Texas by U.S. Border Patrol Agent Esteban Manzanares, according to the lawsuit.

New details have emerged from the suit, which alleges the agent dragged, beat, choked and sexually assaulted one of the plaintiffs and her 15-year-old daughter.

The lawsuit also accused Manzanares of tying up another of the victims before sexually assaulting her and photographing her in the nude.

New Mexico Man Sues Border Patrol Over Medical Marijuana Rights

medical marijuanaBy Steve Neavling
ticklethewire.com

A New Mexico man filed suit against Border Patrol, saying agents are violating the law by refusing to allow him to posses medical marijuana, Las Cruces Sun-News reports.

Raymundo Marrufo filed the federal lawsuit in hopes of getting an injunction against Border Patrol for asking travelers about drugs at border checkpoints.

To obtain his medical cannabis, Marrufo must pass through a Border Patrol checkpoint, where he is asked whether he has any illegal drugs.

“If Marrufo answers ‘yes,’ he is a drug smuggler subject to felony indictment,” the court complaint states.

If Marrufo says no, he could be charged with lying to a federal agent.

“He doesn’t know if his life, for all intents and purposes, is going to end that day,” his attorney, Jason Flores-Williams, said in an interview Tuesday.

In the suit, Marrufo argues that a federal provision makes it illegal for the DOJ to interfere with state statues that allow the “use, distribution, possession or cultivation of medical marijuana.”

“Whether it is a sense of entitlement, indifference or simply ignorance of the law, the court must immediately issue an injunction enjoining the United States Border Patrol from asking questions and conducting searches that violate that Rohrabacher Amendment,” the complaint states.

Retired Cop Claims in Lawsuit That Border Patrol Assaulted Him in Southern California

courtroomBy Steve Neavling
ticklethewire.com

A retired police officer claims that Border Patrol agents arrested him on bogus charges after assaulting and macing him in southern California, Courthouse News Service reports. 

Donald Lumn, who retired from the Chula Vista Police Department, filed suit in federal court against Border Patrol Agent Alejandro Martinez and his supervisor Pete Burgos.

“He used to like the Border Patrol before all this happened,” Lumb’s attorney Mary Prevost told Courthouse News in an interview.

Lumb said he was traveling on Interstate 8 with his fiancé’s son when he was motioned to stop at a checkpoint.

Lumb said he was obeying orders.

“Supervisor Burgos began yelling at Lumb to get back in the vehicle,” the complaint reads. “Lumb attempted to comply but as he placed his hand on the car door handle to open it – and without warning – he was sprayed with a chemical agent. Lumb was shoved from behind and slammed against the car, and then slammed to the ground. Approximately four to five sets of hands were grabbing at Lumb and one agent was kneeling on his back.

“Lumb began pleading that he wasn’t resisting. The agent on his back (Doe 1) was screaming ‘Shut up! Shut the fuck up!’ The agents forced Lumb into a single set of handcuffs causing instant pain to Lumb’s shoulder. Another agent was yelling for agents to take Lumb’s watch, and another screamed, ‘He’s got a gun.’ As this was happening, the agents were causing more pain to Lumb’s wrist and shoulder by rolling him side to side on the ground.”

About 90 minutes later, Lumb was arrested for assaulting a federal agent and resisting arrest, which Lumb says are bogus charges.

Man Loses Lawsuit That Claimed DEA Supplied Him with Crack for Help in Investigation

220px-Crack_street_dosageBy Steve Neavling
ticklethewire.com

A New Mexico man who claims federal agents gave him crack cocaine in exchange for help in an undercover investigation lost a lawsuit against he agency.

U.S. District Judge Martha Vazquez dismissed the suit, which alleged that the plaintiff’s crack addiction was reignited, saying damages can’t sought when the person’s own wrongful conduct caused the injury, the Associated Press reports. 

The lawsuit claims Aaron Romero was given crack cocaine to help in a case known as “Operations Smack City,” an alleged violation of DEA policy.

Romero, 39, was seeking $8.5 million in damages.

Other Stories of Interest

Judge Dismisses Wrongful-Death Lawsuit Against Border Patrol in Taser Explosion

courtroomBy Steve Neavling
ticklethewire.com

A Border Patrol agent whose use of a Taser caused a deadly car explosion acted reasonably, a judge ruled in dismissing a wrong-death lawsuit against the agency, the San Diego Union-Tribune reports. 

Alex Martin died after his car exploded when the agent used the Taser following a chase.

U.S. District Court Judge Larry A. Burns said the agent responded in a reasonable manner given the tense situation.

The incident happened after Martin, 24, initiated a chase in San Diego that ended after his tires were flatted by a spike strip.

When agents surrounded Martin’s car, he appeared to reach in the center console, prompting one of the agents to fire a Taser through the window, causing an explosion.

Government Lawyer: Don’t Discipline Border Patrol for Erasing Videotapes

border patrol 3By Steve Neavling
ticklethewire.com

The lawyer for federal government acknowledged that Border Patrol erased videotapes that captured allegedly deplorable conditions at several Arizona detention centers but urged a judge not to discipline the agency, the Arizona Capitol Times reports. 

Assistant Attorney General Sarah Fabian said the agency was under no obligation to save the recordings is taking “Herculean efforts to comply at great expense to the agency, both financially and in man hours.”

She added that the recordings are “being preserved to the fullest extent possible in light of technical challenges.

The videotapes are at the center of a lawsuit by immigration rights group who claim Border Patrol was confining people to inhumane conditions.

Border Patrol Accused of Erasing Evidence of ‘Unconstitutional Conditions of Confinement’

border patrol 3By Steve Neavling
ticklethewire.com

Border Patrol has destroyed tapes that show “unconstitutional conditions of confinement” and even ignored a judge’s order to preserve the evidence, lawyers for migrants contend, Capital Media Services reports. 

Lawyers for migrants who sued the agency said people apprehended by Border Patrol were treated cruelly, denied access to adequate food and were confined to unsanitary conditions.

Late last month, Border Patrol acknowledged it was routinely recording over used videotapes, erasing evidence.

The federal government would not say why it disobeyed a judge’s orders.

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