Posted on 07/14/2005 7:06:37 AM PDT by Borax Queen
A federal judge has dismissed a $42 million lawsuit filed by the families of 11 of the 14 illegal entrants who died four years ago while trying to cross the desert through the Cabeza Prieta National Wildlife Refuge.
The bodies were found May 23, 2001, in the desert southeast of Yuma, some naked, others covered in vomit. Some victims had tried to bury themselves in the sand to escape the sun.
Their smuggler made it 20 more miles before collapsing. He and 11 others survived.
The lawsuit, filed in April 2003, sought to place the blame for the deaths squarely on the United States for not allowing migrant aid water stations in wildlife refuge in 2001.
On Tuesday, U.S. District Court Judge John M. Roll dismissed the lawsuit, saying the federal court did not have the responsibility to hear the civil suit.
"First, no duty exists based on the presence of decedents on Cabeza Prieta," Roll wrote in his decision. "A landowner has no duty to aid trespassers. …"
The three attorneys who filed the lawsuit argued that the Department of the Interior could have prevented the deaths if it had allowed Tucson-based Humane Borders to place water stations in the refuge.
The lawsuit claimed Operation Gatekeeper, the shutting down of the urban California border in San Diego, forced the migrants into the most treacherous part of the Arizona desert.
"I'm disappointed, but I'm not surprised," said one of the attorneys, James Metcalf, after the ruling. "The government generally has laws and immunities in place that make it difficult to sue."
U.S. Attorney Dan Knauss, who defended the United States in the suit, said the families had the right to appeal.
It's still the single greatest incident of migrant deaths in Arizona, said Yuma Sector spokesman Joe Brigman, who was a supervisor for the Yuma Sector when the bodies were found.
He headed the group that found the smuggler, Jesus Lopez Ramos, now serving a 16-year sentence in federal prison.
"Everyone else in the group was either dead or near death," Brigman said.
That the lawsuit was dismissed came as no surprise to Luis Alberto Urrea, author of "The Devil's Highway," the narrative account of the Yuma 14.
"It was a piece of political theater," Urrea said. "It was directed more toward change than any satisfaction for the families."
Four years later, some changes have been implemented.
The Border Patrol began placing rescue beacons in the desert to give illegal entrants who want to give up a fighting chance at survival.
In March 2004, Mexico confronted its own smugglers, arresting 42 current and former immigration officials from leads developed as a result of the Yuma death investigations.
Some in the migrant aid community remain frustrated however, saying there simply hasn't been enough done to stop the migrant deaths in the desert.
"The decision-making process remains flawed. That was the basis of the suit. Our point is that a lot more still needs to be done," said the Rev. Robin Hoover, of Tucson's Humane Borders.
Why didn't you guys get the water stations up? - ping.
"A federal judge has dismissed a $42 million lawsuit . . . "
GOOD!
Yeah, we need a bigger fence patrolled by attack dogs to help them stay on their side of the border where they'll be save.
Some in the migrant aid community remain frustrated however, saying there simply hasn't been enough done to stop the migrant deaths in the desert.<<<
Are they too stupid to STAY OUT OF THE DESERT????????
We wonder how the USA has become "dumbed down".
What?? A judge with common sense?? He has to be a Reagan appointee.
A District Court Judge actually has to include a no-brainer like this in a formal ruling!!!????? What has this country come to? On a much smaller scale, I have been toying with the idea of lining my back fence (by the alley) with prickly pear cactus to control weeds and discourage anyone who might some time be tempted to scale my fence and enter my back yard for whatever reason. Under the thinking that even allowed this lawsuit to be filed, I would probably be liable if some prowler/trespasser ended up with a butt full of cactus spikes!!! That aint' right.
Then perhaps Mexicans will consider using legal means to enter the country. I know it's crazy, but it's just a thought.
Not even citizens of the U.S. and already lawyers have classified them as "victims".
If I decide to swan dive into a fissure of hot bubbly magma and get injured it's Bush's fault.
So by enforcing laws in one area, the USA forced them to commit a crime in another location?
This scumbag lawyer should be permanently removed from the bar.
Exactly!
This needs to be written in Crayola, on the foreheads of some particular bleeding heart enablers here.
"A landowner has no duty to aid trespassers. …"
I am so happy the words came from a judge I could just cry.
It's pretty sad, isn't it? I am always afraid somebody will scale our 6 foot wall, fall in the pool, then sue. It is beyond my comprehension how flagrant lawbreakers have so many "rights" in our country.
It should have never been allowed to even be filed. To expect us to help criminals commit crimes is outrageous and insane.
I can't believe they can appeal. We can add the trial costs to the huge bill we need to send Vincente.
I will leave my doors and windows unlocked and provide ladders around the perimeter of my home so potential intruders don't risk a fall or a cut on broken windows.
I must be sure we facilitate their criminal behavior.
The US is not required to aid and abet criminals.
Actually he was a appointed by Bush Sr. in 1991.
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