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.