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Tag: lawsuit

Judge: Conditions at Border Patrol Detention Centers Violate Civil Rights

courtroomBy Steve Neavling
ticklethewire.com

A federal judge plans to order Border Patrol to improve sleeping conditions at detention centers in Arizona, saying the detainees’ civil rights are being violated.

U.S. District Court Judge David C. Buru, who is presiding over a lawsuit filed on behalf of three former detainees, said the conditions must be improved, Tucson.com reports.

“I think the deprivation of sleep, at the very least, in this case is a violation of the civil rights of a civil detainee and that needs to be fixed,” Bury said at a hearing in Tucson on Tuesday.

Bury’s plan to grant preliminary relief is not a formal order, but he said he plans to work with both sides to work out a solution.

While acknowledging “the Border Patrol has a really tough job,” Bury said it’s still no excuse for inhumane conditions.

“The complexity of government operations cannot trump civil rights, neither can budgetary constraints,” the judge said.

An attorney for the detainees said they are constantly interrupted while trying to sleep because agents are constantly processing new detainees.

Attorneys Sue FBI, Homeland Security for Surveillance Records of Black Lives Matter

Photo by Steve Neavling.

Photo by Steve Neavling.

By Steve Neavling
ticklethewire.com

The FBI and Homeland Security have been sued for documents on the agencies’ surveillance of Black Lives Matter protesters.

The suit was filed by the Center for Constitutional Rights and the Milton A.Cramer Center at Case Wester Reserve University School of Law, Salon reports. 

The human rights lawyers said the agencies have failed to release the documents of surveillance.

Federal surveillance of the movement began after Ferguson police killed Michael Brown. In July 2015, an Intercept report revealed that Homeland Security was collecting information on peaceful protests.

The new lawsuit allege police also used a “cell site simulator,” or a “Stingray,” to monitor the protests and individual activists.

FBI Asks Judge to Dismiss Lawsuit Over South Carolina Church Shooting

Dylann Roof

Dylann Roof

By Steve Neavling
ticklethewire.com

The FBI is urging a federal judge to dismiss a lawsuit that alleges the bureau should have prevented Dylan Roof from purchasing a gun that was used in last summer’s South Carolina church massacre.

The FBI argues it was unable to take action because of state and federal limits on background checks and local errors in record-keeping, ABC News reports. 

Roof, who is white, shot nine black parishioners inside Emanuel AME Church on June 17, 2015, with a .45-caliber handgun. Family of the victims argue in the lawsuit that Roof was barred from purchasing the gun because of a prior drug arrest.

The FBI responded to the lawsuit Friday, saying FBI negligence was not a factor.

“The shooting at the Emanuel AME Church was an atrocity of unspeakable proportions. The perpetrator’s actions were despicable,” attorneys for the government wrote. “But the United States is not liable in tort for the tragic death of plaintiff’s decedent.”

Suspected Bank Robber Sues FBI, City of Denver for Two False Arrests

bank robberyBy Steve Neavling
ticklethewire.com

A man arrested twice on suspicions of robbing banks has sued the FBI, the city of Denver and its police department, claiming he was falsely arrested and subjected to excessive force and malicious prosecution.

FOX31 reports that officials dismissed bank robbery charges against Steve Tally, who is now homeless and is seeking $10 million.

His lawyers are from the same New York firm that represents the Central Park Five, winning a $40 million judgment.

Talley was arrested for a pair of bank robberies in September 2014.

Prosecutors dismissed the charged after Tally proved his alibi that he was working during the first robbery.

Months later, Tally was arreted again based on FBI facial recognition technology. But an FBI analysis later showed Talley was not the man in the surveillance video.

“He was guilty before he was proven that he was innocent,” bank teller Bonita Shipp said. “He was an innocent man. He didn’t do it.”

Lawsuit: FBI Deliberately Uses Outdated System to Impede FOIA Requests

foiaBy Steve Neavling
ticklethewire.com

A national security researcher is suing the FBI, alleging the bureau uses an antiquated system to deliberately impede requests under the Freedom of Information Act, IDG New Service reports. 

Ryan Shapiro, a Ph.D. candidate at MIT, claims in the lawsuit that the FBI has established “countless means” of impeding FOIA requests, including a reliance on a computer system “designed” to fail.

“When it comes to FOIA, the FBI is simply not operating in good faith,” Shapiro said via email. “Since the passage of the Freedom of Information Act, the FBI has viewed efforts to force bureau compliance with FOIA as a security threat.”

Shapiro said the FBI deliberately refuses to user newer search technologies.

Minnesota Man Sues TSA for Long Lines That Caused Him to Miss Flight

body images airportBy Steve Neavling
ticklethewire.com

A Minnesota man was so angry that he missed his flight that he’s suing the TSA and the Minneapolis-St. Paul Airport.

Hooman Nikizad said he arrived at the airport two hours before his scheduled departure but was stuck in line most of the time, making him miss the flight, CNN reports. 

In the suit, the passenger said only one body scanner was running.

“The [Minneapolis-St. Paul Airport] and TSA have done a very poor job of getting passengers through security,” Nikizad wrote in the claim.

Nikizad wants reimbursed for the flight and is asking for $506.85.

Other Stories of Interest

Rights Group Demands Records about Border Patrol Abuse in Lawsuit

border patrol 3By Steve Neavling
ticklethewire.com

How many complaints were launched Border Patrol agents and how did the agency respond to each allegation?

The American Immigration council sued Customs and Border Protection for records related to the complaints since January 2012, Courthouse News Service reports.

The nonprofit research and legal organization said the agency is longer overdue in responding to a Freedom of Information Act request submitted in October.

The American Immigration Council previously obtained data on 809 complaints of abuse by Border Patrol agents between January 2009 and January 2012.

The records revealed that Customs and Border Protection failed to take action in 97% of the reports of abuse. The most common complaint was “physical abuse.”

     “CBP’s failure to produce the requested records violates FOIA and is impending the Immigration Council’s efforts to assess and inform the public about CBP’s progress, or lack thereof, in developing meaningful and transparent procedures for investigating and resolving complaints of abuse of USBP agents,” the June 6 complaint states.

Judge: Border Patrol Not Liable in Shooting Death of 19-Year-Old U.S. Citizen

Carlos LaMadrid was shot by a Border Patrol agent.

Carlos LaMadrid was shot by a Border Patrol agent.

By Steve Neavling
ticklethewire.com

A Border Patrol agent who fatally shot a man near the order fence in Douglas, Ariz., used justified force, a judge has ruled.

U.S. District Judge James A. Soto said Agent Lucas Tidwell was not liable for the death of a 19-year-old U.S. citizen during a March 2011 shooting, Tucson.com reports. 

The death of Carlos LaMadrid prompted a civil lawsuit by his mother. The suit claims Tidwell was “grossly negligent” when he shot an unarmed LaMadrid.

The judge said Tidwell only fired his gun after rocks were thrown at him.

“A reasonable person in Tidwell’s position would believe that he was facing unlawful deadly physical force where rocks the size of softballs or bricks are being thrown from 15 feet away and 10 feet above you directly at your head at 50 to 60 miles per hour,” Soto wrote.

Other Stories of Interest

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