Thread: Judge dismisses claims related to immigration raid in 2007

Judge dismisses claims related to immigration raid in 2007
April 23, 2008

A federal judge on Wednesday dismissed claims against the U.S. Department of Homeland Security included in a lawsuit that alleged its agents used improper tactics and unlawful search-and-seizure laws during a southwestern Minnesota immigration raid last year.

In a 37-page opinion, Judge Ann Montgomery granted a motion filed by attorneys for the government to dismiss the claims, on several grounds.

They include insufficient evidence by the Willmar area residents that they are under the threat of future harm during potential enforcement efforts by Immigration and Customs Enforcement agents.

Claims against the police chiefs of Atwater and Willmar and the Kandiyohi County sheriff were also dismissed.

The lawsuit was filed in April 2007 on behalf of 53 adults and their children, alleging that the misdeeds occurred during Operation Cross Check, conducted April 10-14 of last year.

The lawsuit claimed that agents did not present search warrants, used coercion, used false pretense by saying they were police officers, forced people to change out of their pajamas in front of agents and ignored the needs of nursing mothers.

Immigration officials countered that their tactics were legal and that they didn't need search warrants because they entered the homes with residents' permission.

Attorneys for the plaintiffs have until the end of the month to prove why they cannot provide additional evidence regarding claims against certain federal and local government officials.

ABBY SIMONS
http://www.startribune.com:80/local/18094699.html

Thank you, Judge Montgomery! A judge who GETS it, how refreshing!

....that will put a crimp on the so-called "defense initiative" proposed by the Mexican Consulates in alliance with LA RAZA, MALDEF, ACLU to file lawsuits against DHS-ICE and local law enforcement everytime there is some type of immigration raid. Let them waste their money....there's nothing illegal with enforcing our immigration laws...the fact that Mexican nationals are involved doesn't give them any special extra protection from deportation.

legalatina wrote:

Let them waste their money....there's nothing illegal with enforcing our immigration laws..

Amen to that!

Too bad these illegal invaders were even allowed to file the case to begin with.

Of course they were looking for another big payday(handout) from our government in the form of civil liability.

Originally Posted by MW

legalatina wrote:

Let them waste their money....there's nothing illegal with enforcing our immigration laws..

Amen to that!

Another judge with a brain. Good we need even more of them.

Maybe the Judges are getting it finally!! Thats the American way your Honor!!

Published Thursday | April 24, 2008
Case stemming from Willmar immigration arrests gets smaller
By AMY FORLITI Associated Press Writer
The Associated Press
http://www.omaha.com/index.php?u_page=1 ... d=10318662

MINNEAPOLIS (AP) - A federal lawsuit from last year's immigration raid in Willmar was whittled down Wednesday when a judge dismissed counts against the U.S. government and other authorities.

U.S. District Judge Ann Montgomery cited jurisdictional reasons for her decision. She also dismissed 14 plaintiffs from the case and told the remaining plaintiffs to re-file their complaint to clearly describe how the rights of each person were violated.

More than 50 people, including U.S. citizens, illegal immigrants and children, were arrested in the raid a year ago. The plaintiffs claimed that Immigration and Customs Enforcement agents and other authorities broke into homes and randomly stopped Hispanics.

The lawsuit made several allegations, including that plaintiffs were subjected to unreasonable searches and seizures, deprived of due process of law, and denied the right to attorneys.

Montgomery dismissed claims against the U.S. Department of Homeland Security, Homeland Security Secretary Michael Chertoff and other officials on jurisdictional grounds. She also dismissed claims against the police chiefs in Willmar and Atwater and the Kandiyohi County Sheriff because their agencies participated at the direction of federal authorities.

However, Montgomery is still considering one count that was filed under a provision allowing plaintiffs to seek monetary damages if individual defendants clearly and intentionally violate plaintiffs' constitutional rights, and cause harm.

The judge gave the remaining plaintiffs a week to file more detailed information on that count. Then she'll rule on whether it should be dismissed or go to trial.

The 14 plaintiffs dismissed from the case include two people who have been deported and 12 who are subject to deportation hearings. Montgomery wrote that the illegal immigrants must take their cases through immigration court first, not U.S. District Court.

Gloria Contreras-Edin, an attorney for the plaintiffs, said they would file an amended complaint and ask Montgomery to reconsider her dismissal of some plaintiffs.