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16 illegals sue Arizona rancher
Washington Times ^ | 2/9/09 | Mikey_1962

Posted on 02/09/2009 5:53:32 AM PST by Mikey_1962

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.

Roger Barnett, 64, began rounding up illegal immigrants in 1998 and turning them over to the U.S. Border Patrol, he said, after they destroyed his property, killed his calves and broke into his home.

His Cross Rail Ranch near Douglas, Ariz., is known by federal and county law enforcement authorities as "the avenue of choice" for immigrants seeking to enter the United States illegally.

Trial continues Monday in the federal lawsuit, which seeks $32 million in actual and punitive damages for civil rights violations, the infliction of emotional distress and other crimes. Also named are Mr. Barnett's wife, Barbara, his brother, Donald, and Larry Dever, sheriff in Cochise County, Ariz., where the Barnetts live. The civil trial is expected to continue until Friday....

"This is my land. I´m the victim here," Mr. Barnett said. "When someone´s home and loved ones are in jeopardy and the government seemingly can´t do anything about it, I feel justified in taking matters into my own hands. And I always watch my back."

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Arizona; US: California; US: Texas
KEYWORDS: aclu; aliens; border; illegalimmigration; immigrantlist; immigration; lawsuit; maldef; mexico; propertyrights; sss; trespassing; wodwot
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I hope he hhas a defense fund
1 posted on 02/09/2009 5:53:32 AM PST by Mikey_1962
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To: Mikey_1962

The trial CONTINUES???

CONTINUES???

I’d like someone to explain to me, using rational thought and logic, why this “lawsuit” was not thrown out of court on the first day!


2 posted on 02/09/2009 5:56:58 AM PST by WayneS (with apologies to the writers of Seinfeld)
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To: spectre; truthkeeper; processing please hold; antceecee; navymom1; jaredt112; Edgerunner; ...

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3 posted on 02/09/2009 6:00:13 AM PST by bcsco (Illinois politicians should be read their Miranda rights when sworn in to office...)
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To: WayneS; All
Because there are those in our gov’t who want us to be a 3rd world country. And then they will be more able to control us peasants...
4 posted on 02/09/2009 6:00:53 AM PST by TMSuchman (I'll heat up & bring the tar, you bring the feathers & we'll meet in DC!)
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To: Mikey_1962

This tactic is designed to drive the man into bankruptcy. Get some leftist lawyer group to sue him repeatedly until he cannot afford to stop illegals crossing his land. Hopefully a pro-American lawyer group will provide free legal help.


5 posted on 02/09/2009 6:01:25 AM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: TMSuchman

I fully expect the weight of local, state and the Federal Government to be upon this ranchers shoulders.


6 posted on 02/09/2009 6:02:17 AM PST by Boiling Pots (Supercalifragilisticexpialidocious)
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To: Hacklehead

Well, yeah. And do you ever wonder where all these leftist groups get their funding to always be available to do all this stuff? Just have a look at the current ‘stimulus’ bill and where a bunch of the money goes. Folks, it’s time to prepare our weaponry and begin countering the opposition in the way that is always the most efficient when dealing with runaway tyranny.


7 posted on 02/09/2009 6:04:14 AM PST by raptor29
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Comment #8 Removed by Moderator

Comment #9 Removed by Moderator

To: raptor29

He should be sworn in as a US Deputy Marshall and given a band of men under him to do the job.

He seems to be the only man standing between us and illegals, the rest are hiding in their border patrol agent cars afraid to end up in prison.


10 posted on 02/09/2009 6:07:32 AM PST by Venturer
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Comment #11 Removed by Moderator

To: Mikey_1962

Tell all those old retired East German border guards that fences don’t work!

They will be more than happy to come over to do some “consulting”

For a fee of course!


12 posted on 02/09/2009 6:08:45 AM PST by NeverForgetBataan
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Comment #13 Removed by Moderator

To: Mikey_1962

They have been trashing his land, killing his stock, threatening his family, and breaking into his house? And all he did was detain them and turn them over to the BP? The man has shown far more restraint than the situation dictated.


14 posted on 02/09/2009 6:14:23 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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I’m sure many of the groups supporting the illegals are on the receiving end of the Big “O” Porkulus Bill.


15 posted on 02/09/2009 6:16:11 AM PST by evad (.!.)
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To: Mikey_1962

I need to follow this.


16 posted on 02/09/2009 6:26:40 AM PST by LuxMaker (The Constitution is a mere thing of wax in the hands of the judiciary, Thomas J 1819)
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To: WayneS
"....why this “lawsuit” was not thrown out of court on the first day!"

Good question. I wonder if little Johnny Sutton is involved in any way with this prosecution?

17 posted on 02/09/2009 6:32:10 AM PST by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: Mikey_1962

First, what legal standing do the illegals have to bring a suit against the rancher?

Second, if they do have legal standing against the property owner, why does the property owner not have legal standing such that the illegals are not in court on trespassing, theft, vandalism, and other charges?

Also, if the illegals are illegally dumping trash all over the place, why are they not on charges for that?


18 posted on 02/09/2009 6:34:13 AM PST by mtrott
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To: Hacklehead
"Hopefully a pro-American lawyer group will provide free legal help."

Is there such a thing as a pro-American lawyer group? I thought they were all Democrats.

19 posted on 02/09/2009 6:36:30 AM PST by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: WayneS
Just some old white guy trying to stop the advancement of minorities....
20 posted on 02/09/2009 6:38:35 AM PST by thinking
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Comment #21 Removed by Moderator

To: mtrott

He needs to put up a sign saying ‘beware of pitbulls who protect my property’


22 posted on 02/09/2009 6:41:49 AM PST by mriguy67
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To: Mikey_1962

Just Chingate!


23 posted on 02/09/2009 6:42:31 AM PST by meandog (The two named Bush get the bird from this hand!))
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To: SouthernBoyupNorth; Patriot

What part of no posts condoning violence on FR do the two of you not understand?


24 posted on 02/09/2009 6:42:46 AM PST by Admin Moderator
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To: mtrott
First, what legal standing do the illegals have to bring a suit against the rancher?

Probably unlawful imprisonment. AZ law allows for citizens arrest if you observe a felony happening, or in rare misdemeanor situations such as riot. Unfortunately, illegal entry into the US is not in and of itself a felony, and neither is simple trespass. So they are probably suing him for false arrest. That is why the Minutemen don't apprehend illegals, they just observe them and report them to the BP.

Not saying I agree with the law here, just giving my understanding of such. A man should be able to detain persons trespassing on his ranch until the authorities arrive.

25 posted on 02/09/2009 6:45:35 AM PST by dirtboy
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To: Mikey_1962
11th Amendment to the U.S. Constitution

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
26 posted on 02/09/2009 6:46:45 AM PST by LuxMaker (The Constitution is a mere thing of wax in the hands of the judiciary, Thomas J 1819)
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To: dirtboy

Umm...did he imprison them? I thought the article said he turned them over to authorities.


27 posted on 02/09/2009 6:49:24 AM PST by mtrott
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To: WayneS
. . . using rational thought and logic. . .

It defies both.

n March, U.S. District Judge John Roll rejected a motion by Mr. Barnett to have the charges dropped, ruling there was sufficient evidence to allow the matter to be presented to a jury.

I can't find too much on him. Based on that quote alone, he sounds like a big weenie.
28 posted on 02/09/2009 6:51:29 AM PST by stentorian conservative
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To: mtrott
Umm...did he imprison them? I thought the article said he turned them over to authorities.

Holding someone at gunpoint is considered imprisonment under the statute. And unless he witnessed them breaking into his house, they were probably engaging in misdemeanor simple trespass.

29 posted on 02/09/2009 6:51:29 AM PST by dirtboy
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To: LuxMaker

The suit isn’t against one of the United States, it’s against a citizen of the United States.


30 posted on 02/09/2009 6:52:05 AM PST by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
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To: Admin Moderator; Mikey_1962

Please bump up and put over to one of the sidebars...I see it nowhere there and believe it deserves to draw wide attention on FR


31 posted on 02/09/2009 6:53:56 AM PST by meandog (The two named Bush get the bird from this hand!))
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To: dirtboy

“Probably unlawful imprisonment. AZ law allows for citizens arrest if you observe a felony happening, or in rare misdemeanor situations such as riot. Unfortunately, illegal entry into the US is not in and of itself a felony, and neither is simple trespass.”

Simple solution. Make illegal entry into the US a felony. An alternative may be to accuse them of stealing water from his tank. Under Texas law that he could legally detain them or worse.


32 posted on 02/09/2009 6:55:37 AM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: mtrott

He did, but the authorities don’t live on his ranch. He held them until they arrived. (If I read the article correctly.) There’s also something about kicking a woman, which I highly doubt.


33 posted on 02/09/2009 6:55:45 AM PST by stentorian conservative
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To: Mikey_1962

Are you kidding me?

A judge allowed this case???

Adsurdity.


34 posted on 02/09/2009 6:56:50 AM PST by Former MSM Viewer ("We will hunt the terrorists in every dark corner of the earth. We will be relentless." W 2001)
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To: mtrott

also, if they are illegal, why arent they in jail or deported and not allowed back here...


35 posted on 02/09/2009 6:58:41 AM PST by Former MSM Viewer ("We will hunt the terrorists in every dark corner of the earth. We will be relentless." W 2001)
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To: Hacklehead
“Probably unlawful imprisonment. AZ law allows for citizens arrest if you observe a felony happening, or in rare misdemeanor situations such as riot. Unfortunately, illegal entry into the US is not in and of itself a felony, and neither is simple trespass.”

Willful damage and vandalism to private property, killing livestock not a felony?

36 posted on 02/09/2009 6:59:16 AM PST by meandog (The two named Bush get the bird from this hand!))
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To: meandog
Willful damage and vandalism to private property, killing livestock not a felony?

The main question is, did the rancher observe any of this particular group engaging in a probable felony?

37 posted on 02/09/2009 7:02:00 AM PST by dirtboy
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To: DJ Taylor
I wonder if little Johnny Sutton is involved in any way with this prosecution?

Sutton flew on a SR-71 out of Lackland to be in the judge's chambers before the judge woke up. He also personally escorted these illegals to the rancher's property from Veracruz.

38 posted on 02/09/2009 7:05:12 AM PST by 1rudeboy
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To: WayneS
I’d like someone to explain to me, using rational thought and logic, why this “lawsuit” was not thrown out of court on the first day!

Because the whole world gets the benefit of America, only poor jokers like you and me get to pay for it. The rest of the world, and democrats, are exempt from taxes.

39 posted on 02/09/2009 7:23:46 AM PST by McGavin999
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To: Mikey_1962

Insanity.


40 posted on 02/09/2009 7:33:35 AM PST by pabianice
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To: WayneS

This country is technically AT WAR. Why aren’t these illegals charged with espionage and hanged for sneaking into this country??


41 posted on 02/09/2009 7:46:50 AM PST by LetsRok
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To: LetsRok
My guess is that, technically:

1. this country is not legally at war with Mexico, and even if it was,
2. these people do not meet the legal standard of being spies.

To top all that, the legal standards for hanging a convicted spy must be rather difficult to meet. When's the last time the U.S. has hung a spy? I don't even know.

42 posted on 02/09/2009 7:55:17 AM PST by 1rudeboy
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To: dirtboy

No, the main question is, why is this even in a court of law? They gave up their “rights” when they violated his!

I think people fail to read the “illegal” part of this entire story! They are ILLEGAL aliens who were on his property ILLEGALLY! To me the rest is immaterial!

Just my opinion!


43 posted on 02/09/2009 7:55:38 AM PST by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: Former MSM Viewer
......"A judge allowed this case???"....

Already happened a few years back. A rancher held some illegals for the BP and HE was arrested for kidnapping. I'm not sure about the criminal case, but the ILLEGALS sued and WON his ranch( I think around 600 acres). He is now homeless with a criminal record.

44 posted on 02/09/2009 7:59:21 AM PST by chuckles
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To: ExTxMarine

I’m just stating my understanding of Arizona law, not that I agree with it. We had a similar discussion years ago when the Minutemen were starting up - some folks wanted a more aggressive approach - active apprehensino, but in AZ the law regarding citizens arrest is not conducive towards such - so the Minutemen were smart and stuck with observation and reporting.


45 posted on 02/09/2009 8:00:29 AM PST by dirtboy
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Comment #46 Removed by Moderator

To: dirtboy

No, nothing personal to you. I was simply stating as an overview - what part of ILLEGAL don’t people understand?

I mean like you said, the laws are written to actually be in FAVOR of the criminals! WTF?


47 posted on 02/09/2009 8:42:06 AM PST by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: chuckles

This guy has held 12,000 illegals for the BP over the past ten years. I think he should sue the US Govt and Border patrol for failure to protect him and his property.

Unfortunately, the SCOTUS has supported local governments rights to use eminent domain to seize private property. Watch some crazy local govt officials down there to seize this guys ranch and make it a safe haven for the illegal aliens.


48 posted on 02/09/2009 9:17:55 AM PST by Sir Clancelot
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To: chuckles
2 Illegal Immigrants Win Arizona Ranch in Court - 8-16-05 NY Times

It was 70 acres of land, that the illegal immigrants won in court from a Citizen of the United States of America.

49 posted on 02/09/2009 9:25:39 AM PST by yorkie (Grandmas are antique little girls)
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Comment #50 Removed by Moderator


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