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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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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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