Thread: IRLI Successfully Defends Border Residents Right to Protect

Rancher cleared in rights case


Arizona jury still awards damages to illegal immigrants
Jerry Seper THE WASHINGTON TIMES
Wednesday, February 18, 2009
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Buzz up!A federal jury in Tucson ruled Tuesday that an Arizona rancher did not violate the civil rights of 16 Mexican nationals he stopped after they sneaked illegally into the United States, but awarded $78,000 in actual and punitive damages on claims of assault and the infliction of emotional distress.

The jury of four men and four women returned the verdict Tuesday afternoon in U.S. District Court in Tucson after a day and a half of deliberation. The jury, after a nine-day trial, also threw out charges of false imprisonment, battery and conspiracy against Douglas, Ariz., rancher Roger Barnett.

In a case that generated national outrage over the ability of Americans to stop illegal immigrants, most of the award - about $60,000 - was for punitive damages.

The illegal immigrants, five women and 11 men, had sought $32 million in actual and punitive damages - $2 million each - in a lawsuit brought by the Mexican American Legal Defense and Education Fund (MALDEF). The allegations were based on a March 7, 2004, incident in which Mr. Barnett approached a group of illegal immigrants while he patrolled his ranch carrying a gun and accompanied by his dog.

The ranch has become a major corridor for armed drug and immigrant smugglers.


Barnett

Mr. Barnett's attorney, David T. Hardy of Tucson, described the decision as an "80 percent victory," adding that he wished he and his client "would have gotten the other 20 percent." But he said he would appeal the decision, citing what he called "solid grounds." He also said U.S. District Judge John M. Roll, who heard the case, was "scrupulously fair" during the trial.

A rancher and successful businessman, Mr. Barnett owns the Cross Rail Ranch near Douglas, where he maintains cattle on 22,000 acres of private and leased land. Also named in the lawsuit were Mr. Barnett's wife, Barbara, and his brother, Donald, although the jury dismissed the allegations against them.

Mr. Hardy said his client was "tired" but thought he had "come off with a win our way."

The jury awarded $7,500 each in actual damages to two of the plaintiffs for the infliction of emotional distress and $1,400 each to two others for assault.

The lawsuit charged that the Barnetts "engaged in a private campaign and have conspired with each other and others to 'hunt' and detain against their will, and at gunpoint, Latino migrants or presumed migrants such as plaintiffs." It said Mr. Barnett acted negligently and "engaged in a conspiracy to deprive plaintiffs of their civil rights."

Mr. Hardy argued that the Barnett ranch was frequently crossed by illegal immigrants and drug smugglers and that his client was checking for damages when his dog started barking and ran off into the desert. He said Mr. Barnett followed the dog and came across a large group of people "apparently trying to hide."

"Since drug smugglers are frequently armed, I drew my handgun," Mr. Barnett said in an April 18, 2007, deposition. "I holstered it after assuring myself they were not armed. I then called Border Patrol on my cell phone, and my wife, Barbara, on my radio, and waited until Border Patrol arrived and took them into custody."

One of the 16 illegal immigrants allowed to bring the lawsuit is a convicted felon deported from the U.S. after a 1993 arrest on federal drug charges, court records show. Gerardo Gonzalez, 38, was convicted in September 1993 of possession of a controlled substance for sale and ordered deported to his home country.

In a March 2007 deposition, Border Patrol agent Manuel Rodriquez said agents ran a records check of those detained on the Barnett ranch in the 2004 incident and found that other members of the party had made prior attempts at illegal entry.

In a 2002 interview with The Washington Times, Mr. Barnett, now 64, said he first started to notice tracks and trash on his ranch in 1998, and learned later that his property had become a major route for illegal immigrants headed out of Mexico and for northbound drug smugglers.

The ranch sits 50 miles east of Douglas in what Cochise County, Ariz., law enforcement authorities call "the avenue of choice" for illegal immigration.

Mr. Barnett said intruders on his ranch tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home. Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water.

A former Cochise County sheriff's deputy who later became successful in the towing and propane business, Mr. Barnett said he carried a pistol during his searches for the immigrants and a rifle in his truck "for protection" against immigrant and drug smugglers. He said he has rounded up as many as 86 illegal immigrants in one night. He said he turns over those he apprehends to the Border Patrol.

His sprawling ranch became an illegal-immigration highway when the Border Patrol - backed by an infusion of manpower, equipment and technology - diverted its attention to several border towns in an effort to take control of the established ports of entry. That effort moved the illegal immigrants to the remote areas of the border, including the Cross Rail Ranch

One of the 16 illegal immigrants allowed to bring the lawsuit is a convicted felon deported from the U.S. after a 1993 arrest on federal drug charges, court records show. Gerardo Gonzalez, 38, was convicted in September 1993 of possession of a controlled substance for sale and ordered deported to his home country.

Why isn't this dirt bag being prosecuted (as well as the others who have already been deported atleast once) for an illegal re-entry after a formal order of deportation had been executed against him!! This is a Felony, punishable by up to ten years in Federal prison!

Are they going to prosecute this guy or were they simply going to give him carte blanche access to our court system in his quest to strike it rich???

Originally Posted by NoBueno

Originally Posted by PatrioticMe

Originally Posted by NoBueno

Originally Posted by PatrioticMe

Originally Posted by miguelina

In rejecting the claim that the Barnetts violated the plaintiffs' civil rights, the jury not only dismissed MALDEF's cynical decision to play the race card, but also provided the family members the opportunity to seek full recovery of attorneys fees.

YES! I hope Barnett sues the illegals, MALDEF and whoever else is aiding and abetting these criminals!

I hope he's able to sue the socks off them!!

Absolutely! I also hope their was an ICE bus waiting at the court house to take these illegal invaders back across the border which they slithered across and prosecuted to the fullest extent of the law if they ever return!!!

Ya know...this man and his family are obviously fighters who believe in the rights of Americans, American property owners and the sovereignty of this nation...they just might sue these...I'll keep it clean and call them jerks. I hope maldef is shaking.

Oh you and me both PM!! Not only would I like to see MALDEF sued for all court costs, but also to see the maldef attorneys sanctioned by the ABA for conduct that seemingly amounted to an intentional/ reckless disregard of the attorney's duties as officers of the court since they used the judicial process for political gain!

What would sanctioning mean? I was thinking frivolous lawsuit...but I'm no attorney and it was all I could come up with. I hope Barnett and IRLI go after these people like hounds hunting a rabbit. Let the hunters become the hunted now!

[quote=PatrioticMe]

Originally Posted by NoBueno

Originally Posted by PatrioticMe

Originally Posted by NoBueno

Originally Posted by PatrioticMe

Originally Posted by "miguelina":3b13hreq

In rejecting the claim that the Barnetts violated the plaintiffs' civil rights, the jury not only dismissed MALDEF's cynical decision to play the race card, but also provided the family members the opportunity to seek full recovery of attorneys fees.

YES! I hope Barnett sues the illegals, MALDEF and whoever else is aiding and abetting these criminals!

I hope he's able to sue the socks off them!!

Absolutely! I also hope their was an ICE bus waiting at the court house to take these illegal invaders back across the border which they slithered across and prosecuted to the fullest extent of the law if they ever return!!!

Ya know...this man and his family are obviously fighters who believe in the rights of Americans, American property owners and the sovereignty of this nation...they just might sue these...I'll keep it clean and call them jerks. I hope maldef is shaking.

Oh you and me both PM!! Not only would I like to see MALDEF sued for all court costs, but also to see the maldef attorneys sanctioned by the ABA for conduct that seemingly amounted to an intentional/ reckless disregard of the attorney's duties as officers of the court since they used the judicial process for political gain!

What would sanctioning mean? I was thinking frivolous lawsuit...but I'm no attorney and it was all I could come up with. I hope Barnett and IRLI go after these people like hounds hunting a rabbit. Let the hunters become the hunted now![/quote:3b13hreq]

A Sanction is disciplinary proceedings conducted by the State Bar of Arizona ( or state that attorney is licensed to pratice) upon a finding or acknowledgment of a member's professional misconduct. This is in addition to any lawsuits which may be filed against maldef. Sanctions can range anywhere from Admonition ( a verbal warning that goes on their record) all the way up to disbarment.

Although each state is different, every state has rules of professional conduct which governs lawyers who pratice in that state.

[quote=NoBueno][quote=PatrioticMe]

Originally Posted by NoBueno

Originally Posted by PatrioticMe

Originally Posted by NoBueno

Originally Posted by "PatrioticMe":2mr5po0p

Originally Posted by "miguelina":2mr5po0p

In rejecting the claim that the Barnetts violated the plaintiffs' civil rights, the jury not only dismissed MALDEF's cynical decision to play the race card, but also provided the family members the opportunity to seek full recovery of attorneys fees.

YES! I hope Barnett sues the illegals, MALDEF and whoever else is aiding and abetting these criminals!

I hope he's able to sue the socks off them!!

Absolutely! I also hope their was an ICE bus waiting at the court house to take these illegal invaders back across the border which they slithered across and prosecuted to the fullest extent of the law if they ever return!!!

Ya know...this man and his family are obviously fighters who believe in the rights of Americans, American property owners and the sovereignty of this nation...they just might sue these...I'll keep it clean and call them jerks. I hope maldef is shaking.

Oh you and me both PM!! Not only would I like to see MALDEF sued for all court costs, but also to see the maldef attorneys sanctioned by the ABA for conduct that seemingly amounted to an intentional/ reckless disregard of the attorney's duties as officers of the court since they used the judicial process for political gain!

What would sanctioning mean? I was thinking frivolous lawsuit...but I'm no attorney and it was all I could come up with. I hope Barnett and IRLI go after these people like hounds hunting a rabbit. Let the hunters become the hunted now![/quote:2mr5po0p]

A Sanction is disciplinary proceedings conducted by the State Bar of Arizona ( or state that attorney is licensed to pratice) upon a finding or acknowledgment of a member's professional misconduct. This is in addition to any lawsuits which may be filed against maldef. Sanctions can range anywhere from Admonition ( a verbal warning that goes on their record) all the way up to disbarment.

Although each state is different, every state has rules of professional conduct which governs lawyers who pratice in that state.[/quote:2mr5po0p]

Well, it sure seems like professional misconduct to me and I'm sure to millions of other Americans. We'll see what happens but at least they didn't take this family's ranch.

I agree PM! Thank God this family did not lose everything they own to these professional, race baiting extortionists! At the end of the day this is what's most important!

I hope the Barnetts can recover and get on with their lives now.