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Jury: Rancher did not violate Mexicans' rights
Washingtion Times ^ | 2/17/09 | Jerry Seper

Posted on 02/17/2009 2:35:59 PM PST by Nachum

A federal jury on Tuesday ruled that an Arizona rancher did not violate the civil rights of 16 Mexican nationals he detained at gunpoint after they had snuck illegally into the United States in 2004, but the jury awarded $78,000 in actual and punitive damages to six of the illegal immigrants on claims of assault and infliction of emotional distress

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


TOPICS: Government; News/Current Events
KEYWORDS: aliens; badnews; immigrantlist; jury; mexicans; mexico; propertyrights; rancher; rights

1 posted on 02/17/2009 2:35:59 PM PST by Nachum
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To: Nachum

Yes!!!!!


2 posted on 02/17/2009 2:38:24 PM PST by gussiefinknottle (woof!woof!woof!)
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To: Nachum

Was this a criminal or a civil trial? I’m sure it must have been a civil trial, but some of the charges looked like they were criminal in nature.


3 posted on 02/17/2009 2:38:37 PM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: Nachum

The damages are still an outrage. They violated the law by illegally entering this country and trespassing on his land. They should have been shot.


4 posted on 02/17/2009 2:39:01 PM PST by shankbear (Al-Qaeda grew while Monica blew)
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To: gussiefinknottle

Not the best result, but far better than I was expecting.


5 posted on 02/17/2009 2:39:11 PM PST by faloi
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To: Nachum

It would seem that the “emotional distress” stress would have been brought on when they broke the law slinking across the border. I don’t know how the jury could blame that on the rancher.


6 posted on 02/17/2009 2:39:32 PM PST by FlingWingFlyer (Have You Punched A Democrat Today? - Do it for the children.)
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To: Nachum

Govt should seize the $78,000 for being in this country illegally.


7 posted on 02/17/2009 2:39:42 PM PST by Joiseydude (Obama: "Putting my ideals into effect are more important than your safety from terrorist acts")
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To: Nachum

snuck?


8 posted on 02/17/2009 2:40:27 PM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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To: Joiseydude

Expenses for deportation. Confiscate the award.


9 posted on 02/17/2009 2:40:47 PM PST by nufsed
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To: shankbear

Plus I am assuming that the reancher pays court costs his lawyer etc.

Illegal immigrants are going to lawyer people into poverty if they dare resist.


10 posted on 02/17/2009 2:40:51 PM PST by squarebarb
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To: nufsed

I hope he appeals the award.


11 posted on 02/17/2009 2:41:15 PM PST by nufsed
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To: FlingWingFlyer

How would the situation have been different from an “emotional distress” standpoint had the Mexicans been detained by official Border Patrol Agents? Hmmm?


12 posted on 02/17/2009 2:41:26 PM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: Nachum

Criminals caught in the act, suffer emotional distress...and are awarded damages for it.
Is that how it is?


13 posted on 02/17/2009 2:41:49 PM PST by 668 - Neighbor of the Beast (American Revolution II -- overdue.)
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To: FlingWingFlyer

“It would seem that the “emotional distress” stress would have been brought on when they broke the law slinking across the border. I don’t know how the jury could blame that on the rancher.”

Not to mention Barnett and his family and neighbors emotional distress...years of watching your property, livestock, pets, home being torn apart by these ‘trusted travelers’.


14 posted on 02/17/2009 2:42:45 PM PST by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: Nachum
but the jury awarded $78,000 in actual and punitive damages

So the rancher's out $78 grand, plus lawyer's fees to alien trespassers.

How's this good?

15 posted on 02/17/2009 2:42:47 PM PST by tsomer
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To: Nachum

The verdict could have been worse (and I feared that it would be). Nevertheless, that $78,000 awarded the plaintiffs still reflects the contempt the American political class has for the property rights of taxpayers. I fervently hope it gets overturned on appeal, otherwise this case was a legal pinata for MALDEF.


16 posted on 02/17/2009 2:43:06 PM PST by VR-21 ("If it's a vision of the future you want...")
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To: Nachum

They didn’t deserve to get one damn dime.


17 posted on 02/17/2009 2:43:56 PM PST by reagan_fanatic (Dissent Is Patriotic!)
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To: Nachum

The overall decision is a real win! It’s about time some sanity hit the courtrooms in this type of case.

The damages award is a travesty but it will probably get dropped on appeal. If MALDEF thinks it’s going to have to spend more money to collect they just might drop the whole thing.


18 posted on 02/17/2009 2:49:52 PM PST by Tucsonican
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To: Joiseydude

Forget the government, the rancher should get it for damages to his property.


19 posted on 02/17/2009 2:50:16 PM PST by ThomasThomas ( Accept it, there is no except after in math.)
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To: Tallguy

A suit is a civil proceeding. Criminal proceedings are just that


20 posted on 02/17/2009 2:51:02 PM PST by the long march
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To: faloi

oh, i wrote yes before i read the money thing. i would like to sue
all the illegal aliens in atlanta area due to the stress they cause
me plus the use of my taxpayer money. i also feel stressed
having to read or listen to spanish when i call a business or
use my atm. who declared the us a bilingual country? who decided
it was spanish?


21 posted on 02/17/2009 2:51:14 PM PST by gussiefinknottle (woof!woof!woof!)
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To: Nachum

Outrageous! Damages paid to the illegals? Who is the traitor that allowed this to go to trial?


22 posted on 02/17/2009 2:53:01 PM PST by lormand (...don't blame me, I never vote democRAT)
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To: Nachum

How does this guy get stuck with actual and punitive damages?

Any of it was a direct result of the Mexican violation of law.


23 posted on 02/17/2009 2:54:07 PM PST by School of Rational Thought (CPA, MBA needs a job - referrals welcome)
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To: Nachum

Illegal aliens have standing to file lawsuits but citizens who file lawsuits asking to see the Kenyan’s birth certificate do not have standing. I’m confused.


24 posted on 02/17/2009 3:20:02 PM PST by Ben Hecks
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To: Nachum
What do you suppose would happen to a gringo (US Citizen) that was in Mexico and put himself on private property and the Mexican land owner did the very same thing as this AZ land owner? I'd say the gringo would get deported after spending a few days or weeks in jail and only after he paid the jailers bribe money to get out.
25 posted on 02/17/2009 3:31:11 PM PST by drypowder
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To: gussiefinknottle
Nooooooo!!!!

but the jury awarded $78,000 in actual and punitive damages to six of the illegal immigrants on claims of assault and infliction of emotional distress

Not exactly off the hook and given the traffic across the ranch, this might open the floodgates. Watch for lawyers to advertise on the Spanish channels.

26 posted on 02/17/2009 3:37:29 PM PST by NonValueAdded (May God save America from its government)
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To: Nachum

Jury: We’re going to screw him anyway. $78K?


27 posted on 02/17/2009 3:39:50 PM PST by Cyber Liberty (Pretending the Admin Moderator doesn't exist will result in suspension.)
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To: Nachum

I am emotionally damaged having read about their reward (although it could have been worse). Where’s my $$$$$?


28 posted on 02/17/2009 3:40:16 PM PST by Joann37
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To: Nachum

I wonder if he has sufficient grounds (and he resources) to counter-sue MALDEF?


29 posted on 02/17/2009 3:42:04 PM PST by Taxman (So that the beautiful pressure does not diminish!)
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To: Nachum

FROM A TRIAL OBSERVER VIA EMAIL:
Here’s the verdict on Roger Barnett’s trial. There is a lot more to say on the subject, but here are the verdicts as I heard them announced by the clerk of the court. The attorneys plan on appealing some inconsistencies in the verdict. Roger says he feels good about the

verdict. More about this later..... Doug

* Third Claim - Violation of Civil Rights- equal protection under the law

- Finding for the Roger Barnett - Not Guilty as to all Plaintiffs

* Fourth Claim- Assault

- Finding for Adela Vicente - 25% at fault - $1400. compensatory damages
- Finding for Ana Maria Vicente- 25% at fault - $1400 compensatory damages
- Finding for Sandra Velazquez - $1. in nominal damages
- Finding for Sara Vazquez - $1. in nominal damages
-Finding for Roger Barnet vs Jorge Perez - not guilty
- Finding for Roger Barnett vs Rogoberto Perez- not guilty

* Fifth Claim - Battery

- Finding for Roger Barnett vs Ana Maria Vicente - not guilty

* Sixth Claim - False Imprisonment

- Finding for Roger Barnett as to all 6 plaintiffs - not guilty

* Ninth Claim- Intentional Infliction of Emotional Distress

- Finding for Adela Vicente ( 25% her fault) - $7500. compensatory damages

$20,000. punitive damages

- Finding for Ana Maria Vicente ( 25% her fault) - $7500 compensatory damages

$20,000 punitive damages

- Finding for Sandra Velazquez - $1.00 nominal damages
$10,000. punitive damages.

- Finding for Sara Vazquez - $1.00 nominal damages
$10,000. punitive damages

-Finding for Roger Barnet vs Jorge Perez - not guilty

- Finding for Roger Barnett vs Rogoberto Perez- not guilty


30 posted on 02/17/2009 3:45:56 PM PST by radar101
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To: Nachum
Good/Bad news combination. 78K damages is only going to serve as a incentive for scumbag Lawyers(ACLU)and illegals to seek financial gain from situations that could intensionally be performed by people coming into America illegally. Evidenty a persons right to protect privite property is now in question without taking a risk of financial loss when exercising this right.

I suppose this is just another disgusting form of wealth distribution and confiscation of wealth.

EXAMPLE

I have always wanted to go Hunting on Ted Turners Montana properties, if done with preperation and a Lawyer waiting in the wings to sue for EMOTIONAL DAMAGES when you are arrested the current path to the American Dream can be acheived.

Hard work and honesty certainly does not do it any longer.

31 posted on 02/17/2009 4:04:37 PM PST by jedi150
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To: radar101

I am outraged that they got anything.....is there any testimony that he did anything untoward toward the women...?

I hope he has a strong appeal.


32 posted on 02/17/2009 4:13:15 PM PST by Roamin53 (Islamists kill more people each year in the name of religion than the Inquisition did in 350 years!)
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To: the long march

That was always my understanding until I read this passage:

“After a nine-day trial, the eight-person jury — four men and four women — returned the verdict in U.S. District Court in Tucson, Ariz., after a day and a half of deliberation, also tossing charges of false imprisonment, battery and conspiracy against Douglas, Ariz., rancher Roger Barnett.”

I don’t know about you but “false imprisonment”, “battery” and “conspiracy” sound an awful lot like charges in a criminal complaint.


33 posted on 02/17/2009 4:31:34 PM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: HiJinx; Borax Queen; idratherbepainting; AZHSer; Sabertooth; A Navy Vet; Lion Den Dan; ...

Border PING


34 posted on 02/17/2009 4:35:39 PM PST by SandRat (Duty, Honor, Country! What else needs said?)
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To: Nachum

Uh, why did the illegals get 78 grand? If anything the ranch owner should press tresspassing charges and then civilly sue the illegals (yes I know, they have no pesos but sue their asses anyway). The illegals got money for emotional distress? How does the judge think the rancher “feels” when thousands of invaders cross his land, kill his calves, leave human waste and garbage all over his property? The man is a US Taxpayer! He should have done the 3 S’s with those invaders. The gov’t is at fault for not securing the borders. The rancher is only doing the job the US Gov’t won’t do!


35 posted on 02/17/2009 6:01:01 PM PST by TheConservativeParty (Democrats are bastard coated bastards with bastard filling.)
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To: Tallguy

From reading a prior story, the rancher evidently verbalized a few negative personal feelings and nudged one woman.
He will most likely have learned from this experience that, when detaining illegals on his property for border patrol response, rather than communicate in English, he should, instead, practice to himself those french, italian or tagalog lessons he’s been studying hard to learn for a rainy day ;)


36 posted on 02/17/2009 6:12:18 PM PST by blueplum
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To: TheConservativeParty
Uh, why did the illegals get 78 grand?

The cynic in me has a hard time believing that any of that $78 grand found its way past the lawyers and into the pockets of any of the Plaintiffs. I'm guessing the billable hours will be inflated to eat up all those dollars.

37 posted on 02/17/2009 6:16:55 PM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: Tallguy

Civil trial.

Roger is Golden - untouchable - in a criminal court. That’s why MALDEF is taking the civil route.


38 posted on 02/17/2009 7:08:23 PM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: Nachum; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...

Ping!


39 posted on 02/17/2009 7:08:42 PM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: Nachum

The rancher is the one who should have been awarded 78,000 for emotional distress. It’s good he wasn’t charged with a crime, but maybe he can turn around and counter-sue the illegal immigrants now.


40 posted on 02/17/2009 7:29:16 PM PST by HollyB
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To: TheConservativeParty

Well stated.


41 posted on 02/17/2009 7:31:17 PM PST by HollyB
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To: HollyB

Thanks, you know I really feel for this rancher. I only have a small farm, but I understand how this man feels. I will never understand how President Bush could keep that border wide open after 9-11. I know he likes the cheap labor, but the risk to national security should have trumped that for him. His #1 job was to protect America and he should have closed that border. With the current bleep we have in the White House, the border will only get worse.


42 posted on 02/17/2009 7:54:37 PM PST by TheConservativeParty (Democrats are bastard coated bastards with bastard filling.)
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To: Ben Hecks

“Illegal aliens have standing to file lawsuits but citizens who file lawsuits asking to see the Kenyan’s birth certificate do not have standing. I’m confused.”
***** *

Perverting the American justice system was the 45th goal of the communists- it was the unmentioned one.


43 posted on 02/17/2009 7:58:01 PM PST by Canedawg (An acute case of ODS)
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To: Nachum

Good and bad news.


44 posted on 02/18/2009 7:49:28 AM PST by brytlea (You can fool enough of the people enough of the time.)
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To: Tallguy

Yeah but you can sue for those things in a civil court. Kind of like wrongful death ....(if you win you get compensation think OJ)


45 posted on 02/18/2009 8:33:35 AM PST by the long march
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To: squarebarb
Illegal immigrants are going to lawyer people into poverty if they dare resist.

Which means that property owners will start shooting first.

46 posted on 02/18/2009 8:35:55 AM PST by Centurion2000 (01-20-2009 : The end of the PAX AMERICANA.)
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To: the long march

OK. I can understand that. I guess the only difference between a private citizen defending his property against trespassing illegals and a Border Patrol Agent doing the same is that the latter has immunity from civil prosecution? Doesn’t seem right.


47 posted on 02/18/2009 8:50:15 AM PST by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: Tallguy

And the border patrol agent doesn’t have immunity if convicted of a crime (ie Ramos and Campeon). If their appeals don’t overturn this miscarriage of justice then they too might face such an action.


48 posted on 02/18/2009 10:09:23 AM PST by the long march
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