Staff Report
Updated 10:36 PM Tuesday, January 26, 2010
CINCINNATI — Butler County Sheriff Richard K. Jones was in federal court Tuesday, Jan. 26 facing charges that he violated an illegal immigrant's constitutional rights.

The charge stems from a lawsuit filed after a 2007 incident when Luis Rodriguez and others were rounded up at a construction site on Port Union Road by Butler County deputies and a former immigration specialist hired by Jones, according to reports.

Officials said they were at the site to talk to a supervisor about undocumented workers, but while there Rodriguez and others were interrogated and asked to provide identification, said Rodriguez’ attorney, Al Gerhardstein, said Tuesday.

Gerhardstein said his client, who had lived in Butler County for 11 years, was arrested and charged with providing a false identification and deported to Mexico, though he was later acquitted of the charge.

Rodriguez’ children, including two born in the United States, returned to Mexico, too, to keep the family together.

Attempts to reach Jones Tuesday were unsuccessful.

The court will decide if Jones authorized deputies and the former ICE agent to arrest Rodriguez and whether he had the right to do so, according to reports.

Gerhardstein contends that Jones doesn’t have that authority and that Rodriguez’ fourth and 14th amendment rights were violated.

“He’s a man who was peaceful. He paid taxes 11 years ... He was trying to take care of his family. He was a nonviolent person. He lost a great deal by being rounded up with no probable cause,’’ Gerhardstein said.

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