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Rancher ruling adds to border debate
Washington Times ^ | Feb 22, 2009 | By Jerry Seper

Posted on 02/22/2009 1:12:39 PM PST by Jim Robinson

Arizona rancher Roger Barnett initially faced the possibility of paying $32 million to compensate several illegal immigrants he stopped at gunpoint on his land. He walked away instead with a verdict that rejected any notion he violated the trespassers' civil rights and affirmed that U.S. citizens can still detain aliens crossing the border.

What remains to be seen, though, is what impact the $77,800 in damages that a jury Tuesday ordered Mr. Barnett to pay will have on America's larger immigration debate and the efforts of some illegals to get compensation from a country they aren't even allowed to enter.

The Mexican American Legal Defense and Education Fund (MALDEF), an immigrant-advocacy group that helped bring the lawsuit, had claimed Mr. Barnett violated the civil rights of 16 illegal immigrants he stopped crossing his border property after they had illegally sneaked into the United States. MALDEF sought $2 million in actual and punitive damages for each of the plaintiffs.

The outcome fell far short of the advocacy group's wishes.

U.S. District Judge John M. Roll, for starters, dismissed the claims of 10 of the illegals because they did not testify at trial. He then tossed related conspiracy complaints against Mr. Barnett's wife, Barbara, and his brother Donald, saying illegal immigrants had no constitutionally protected right to travel in the United States.

Judge Roll said the Barnetts, who live in close proximity to the border, could reasonably assume that large groups of people they encountered hiding or trespassing on their property were doing so with the aid of smugglers.

He said entering the United States illegally was a federal felony, for which a citizen's arrest was authorized under Arizona law.

(Excerpt) Read more at washingtontimes.com:80 ...


TOPICS: Culture/Society; Extended News; News/Current Events; US: Arizona
KEYWORDS: aliens; border; castledoctrine; citizensarrest; courts; democrats; extortion; illegalaliens; illegalimmigration; immigrantlist; maldef; maldefwatch; propertyrights; rancher; rogerbarnett; standing

1 posted on 02/22/2009 1:12:40 PM PST by Jim Robinson
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To: Jim Robinson

I say make the first 800 yards on our side of the border a free fire zone. Should put a serious damper on the flow of illegals coming north.


2 posted on 02/22/2009 1:14:58 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: Jim Robinson

I wonder.
If I catch a burglar in the act in my home, should I detain him and await the police - or should I simply be in fear of my life and limb and kill him.


3 posted on 02/22/2009 1:17:22 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: Jim Robinson
A 2006 Arizona constitutional amendment bars awards of punitive damages to illegal immigrants, and Mr. Barnett's attorneys are expected to argue that the jury was given flawed instructions by the judge, which led to the award of those damages.

What the hell is wrong with this "judge?" He sounds as though he might be a moron.

4 posted on 02/22/2009 1:17:32 PM PST by FlingWingFlyer (The media lied, America died !)
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To: Jim Robinson
If the immigration problem is going to be solved then it will have to be by citizen intervention. Can one really see a majority political party undercutting itself by removing its constituency
5 posted on 02/22/2009 1:18:50 PM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: AEMILIUS PAULUS

No, I can’t see that.

They even get them voting in some cases.


6 posted on 02/22/2009 1:30:46 PM PST by northislander
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To: Jim Robinson

What, the poor bastards were inconvenienced?

Yeah, that should be worth........ NOTHING!


7 posted on 02/22/2009 1:32:19 PM PST by TribalPrincess2U (Welcome to Obama's America... Be afraid, be very afraid)
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To: Jim Robinson

The US gov’t should pay for all the damages Mr.Barnett has had to his property and livestock, as a result of the US gov’t not doing it’s job at the border. Furthermore, Mr.Barnett should get paid for all his time, doing the job that the gov’t won’t do.


8 posted on 02/22/2009 1:34:38 PM PST by TheConservativeParty (Democrats are bastard coated bastards with bastard filling.)
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To: TheConservativeParty

Precisely what justifies that $78 grand—or even 78 cents, for that matter?


9 posted on 02/22/2009 1:37:44 PM PST by Flintlock
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To: Jim Robinson

Harper’s Ferry?


10 posted on 02/22/2009 1:38:04 PM PST by Battle Axe (Repent for the coming of the Lord is nigh!)
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To: Jim Robinson

The judge should have fined the smack-off, thug Mexican American Legal Defense Fund for wasting this mans time and money.


11 posted on 02/22/2009 1:44:11 PM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: FlingWingFlyer

I looked him up.

He is a Bush I nominee.

I was expecting Clinton or Carter.


12 posted on 02/22/2009 1:45:52 PM PST by Califreak (1/20/13-Sunrise in America)
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To: TheConservativeParty

He made the government look bad.

He will pay the price.


13 posted on 02/22/2009 1:47:14 PM PST by Califreak (1/20/13-Sunrise in America)
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To: txnativegop

I still say land mines would be effective.


14 posted on 02/22/2009 1:59:19 PM PST by ataDude (My incredulity has already turned into disillusionment and is now turning into hatred.)
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To: Jim Robinson

At least MALDEF and the illegals will see none of the 70K+ that they were awarded...because that will be taken up for the lawyers fees. The illegals are getting ZERO...

And, that is not considering that this decision could be overturned. If Arizonans are protected by state law that illegals cannot sue....an appeals court would have to declare unconstitutional that Arizona law.

It does not surprise me the judge in this trial was a Bush appointee....Bush was very pro-illegal alien.


15 posted on 02/22/2009 2:00:49 PM PST by UCFRoadWarrior (The Biggest Threat To American Soverignty Is Rampant Economic Anti-Americanism)
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To: Jim Robinson

Mr. Barnett is a hero and needs a defense fund that will fund his appeal and fund the judgment against him if it is upheld.

No Borders, No Country.


16 posted on 02/22/2009 2:12:14 PM PST by SharpRightTurn
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To: Jim Robinson

That the case was not thrown out before it started is valid testament as to the loon status of our judiciary.


17 posted on 02/22/2009 2:13:45 PM PST by Marauder (Politicians use words the way squids use ink.)
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To: ataDude

Yeah but they are have too many problems down the road.

This should only be temporary until the U.S. finishes the Mexican-American War and takes physical control of everything north of Mexico City.


18 posted on 02/22/2009 2:14:34 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: UCFRoadWarrior

“At least MALDEF and the illegals will see none of the 70K+ that they were awarded...because that will be taken up for the lawyers fees.”

Part of the problem is, Maldef is lawyers. They don’t hire them, lawyers run it and most outfits like them. The aliens won’t see anything, you’re right. Maldef could care less about any individual person. They’re funding an agenda. Or I should say, we all are. Don’t forget...Fannie Mae gives them along with LaRaza, Rainbow coalition millions every year.


19 posted on 02/22/2009 2:19:02 PM PST by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: txnativegop

Dredge the Rio Grande at least 10 feet deep and stock it with piranhas. That’ll help on the TX-Mexico portion of the border.


20 posted on 02/22/2009 2:23:09 PM PST by ScottinVA (Make my world PURRRFECT, Lord Obama!)
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To: ScottinVA

The Rio Grande doesn’t make it to the Gulf does it? It wasn’t before I came to Virginia


21 posted on 02/22/2009 2:26:48 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: FlingWingFlyer
What the hell is wrong with this "judge?" He sounds as though he might be a moron.

District court decisions don't mean much in the grand scheme of things. Appellate decisions, though, are used to guide future legislation and case law. The 2006 law barring illegals from receiving punitive damages may be unsupported by jurisprudence (thus far). Therefore, it's possible that the judge wanted the "pay the illegals" issue to be appealed, and gave the jury "enough rope".

22 posted on 02/22/2009 2:29:23 PM PST by Charles Martel ("Endeavor to persevere...")
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To: Charles Martel

I hope that is where this is going. I’m getting tired of the courts making criminals rich. It’s making me start to rethink my current occupation and just become a criminal.


23 posted on 02/22/2009 2:31:52 PM PST by FlingWingFlyer (The media lied, America died !)
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To: FlingWingFlyer

I feel the same way.


24 posted on 02/22/2009 2:33:28 PM PST by Jane Austen (Boycott the Bahamas!)
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To: Jim Robinson

The first shot of the next American revolution/societal breakdown will be along our southern border; it will be made by American citizens who cannot tolerate, among other things, pressing “2” for English any longer.


25 posted on 02/22/2009 2:45:32 PM PST by snowrip (Liberal? YOU ARE A SOCIALIST WITH NO RATIONAL ARGUMENT.)
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To: Jim Robinson

It’s about transferring wealth from those who earned it through the sweat of their brow to those who vote democrat.


26 posted on 02/22/2009 2:49:34 PM PST by Leftism is Mentally Deranged (liberalism = serious mental deficiency)
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To: Jim Robinson

How much “emotional damages” is Roger Barnett owed for these illegals trespassing on his land and causing him to fear for the safety of his family?

If he doesn’t get all the damages erased on his appeal, we should set up a donation fund to cover his costs.

This man is an American hero, and he’s still being treated like a criminal.


27 posted on 02/22/2009 4:01:25 PM PST by van_erwin
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To: snowrip

28 posted on 02/22/2009 4:04:55 PM PST by van_erwin
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To: txnativegop
"I say make the first 800 yards on our side of the border a free fire zone. Should put a serious damper on the flow of illegals coming north

I still say there are still a couple hundred-thousand land mines waiting for dismantling that could be put to use.

29 posted on 02/22/2009 4:07:45 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: SuperLuminal

Well! If you must . . . go ahead.


30 posted on 02/22/2009 4:16:21 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: Jim Robinson

The Terry Anderson Show...

Terry’s guests tonight will be ....

GLENN SPENCER - Founder of the American Border Patrol and the American Patrol Report

ROGER BARNETT - Arizona Rancher who was recently sued by a bunch of Mexican invaders with the help of MALDEF and the miserable SPLC

Call Terry LIVE 9-10 PM PST at (866) 870-57521

LIVE stream at http://krla870.townhall.com/

http://www.republicbroadcasting.org/index.php?cmd=listenliv

http://www.freerepublic.com/focus/news/2191683/posts?page=2


31 posted on 02/22/2009 6:43:37 PM PST by Tennessee Nana
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To: HiJinx; SwinneySwitch; MeekOneGOP

Ping


32 posted on 02/22/2009 8:27:51 PM PST by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Fiddlstix; Jim Robinson; Squantos; Clinger; GeronL; Billie; Slyfox; San Jacinto; SpookBrat; ...

Ping! Ping! Ping!


33 posted on 02/22/2009 11:12:19 PM PST by MeekOneGOP (2008: The year the Media died. --Sean Hannity, regarding Barack HUSSEIN ObaMao's treatment ...)
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To: Flintlock

According to earlier articles, the damages were awarded for assault and mental distress.


34 posted on 02/23/2009 6:10:15 AM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: UCFRoadWarrior

The trial was in Federal Court, I don’t think our State law applies...


35 posted on 02/23/2009 6:11:16 AM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: Fiddlstix; MeekOneGOP; AuntB

I’ll ping this when I get home to my copy of the ping list...I’ve been on travel this weekend.

Looks like I have a lot of articles to catch up on.


36 posted on 02/23/2009 6:14:47 AM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: Flintlock
Precisely what justifies that $78 grand—or even 78 cents, for that matter?

I have been on several juries in trials where scammers, IMO, were trying to hit the jackpot. In those cases the plaintiff's claims could not be justified but sometimes there were bleeding hearts who think they should be given at least something just in case we were wrong. That contradicted and watered down our main decisions but the rest of us conceded just to avoid a hung jury. I think many personal injury lawyers, ambulance chasers and others, depend on that when they bring these frivolous lawsuits.

Maybe that was the case here.

37 posted on 02/23/2009 6:59:17 AM PST by Mind-numbed Robot (Not all that needs to be done needs to be done by the government)
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To: HiJinx

I was just reading this article:
Going to Mexico for spring break? Read this first

http://www.examiner.com/x-2026-SF-Gay-Travel-Examiner~y2009m2d22-Going-to-Mexico-for-spring-break-—Read-this-first

It warns about the dangers in Mexico and their laws, which AMERICANS must obey. This one really caught my eye:

“, or making obscene or insulting remarks are all considered criminal activities by Mexican authorities. “

If our laws were like Mexico’s, every illegal alien would be in jail. Obscene and insulting remarks is what they do best...no wonder they left Mexico.


38 posted on 02/23/2009 8:07:20 AM PST by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: Jim Robinson; MeekOneGOP
Well, at least the illegals didn't end up with his ranch so what's he complaining about??!! heh,heh

Anyway, a couple of items here, did the judge give the jury some flawed instructions or is Barrett's lawyer blowing smoke? The "incident" occurred in 2004 and the constitutional amendment barring illegals from receiving punitive damages wasn't approved til 2006. Did the judge point this out -- maybe???

39 posted on 02/23/2009 12:18:29 PM PST by ForGod'sSake (We must, indeed, all hang together or, most assuredly, we shall all hang separately. - B.F.)
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To: AuntB; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...

Article within an article Ping!


40 posted on 02/23/2009 12:22:18 PM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: HiJinx

It’s a real shame what has taken place in Mexico. If only our national and state level leaders would take a look at what open borders has ushered in there.

Instead, we are poised to make it worse.


41 posted on 02/23/2009 12:26:52 PM PST by DoughtyOne (Resolved: Gregg, McCain, Snowe, Spectre: 2010, Collins, Graham: 2014)
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To: DoughtyOne

Poised to make it worse for all the wrong reasons...as if there were any right reasons for it.


42 posted on 02/23/2009 12:30:47 PM PST by HiJinx (~ Support Our Troops ~ www.AmericaSupportsYou.mil ~)
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To: HiJinx

Yes, I agree.


43 posted on 02/23/2009 12:34:04 PM PST by DoughtyOne (Resolved: Gregg, McCain, Snowe, Spectre: 2010, Collins, Graham: 2014)
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To: Jim Robinson

“The jury awarded $17,802 to the six remaining illegal immigrants on their claims of assault and the infliction of emotional distress - $7,500 each to two, $1,400 each to two others and $1 each to the remaining pair. It also ordered Mr. Barnett to pay $60,000 in punitive damages.”

?????????

Why???????


44 posted on 02/23/2009 12:53:39 PM PST by ZULU (The Obamanation of Desolation stands here. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
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To: MeekOneGOP

Thanks for the ping!


45 posted on 02/23/2009 9:08:45 PM PST by Alamo-Girl
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To: txnativegop; ScottinVA

This is Arizona desert. Even the rivers are underground!


46 posted on 02/24/2009 8:21:17 AM PST by TenthAmendmentChampion (Be prepared for tough times. FReepmail me to learn about our survival thread!)
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