Thread: Man sues, says jailers didn't believe he is a U.S. citizen

Man sues, says jailers didn't believe he is a U.S. citizen

Feb. 2, 2011 07:14 AM
The Tennessean

NASHVILLE, Tenn. - A man is suing the sheriff here, saying the agency illegally detained him for 12 hours when jailers didn't believe he was a U.S. citizen.

Daniel Renteria-Villegas accuses the Davidson County Sheriff's Office and the county government of violating the county's charter, violating his right to due process, malicious harassment and false imprisonment stemming from an Aug. 22 arrest on an aggravated assault charge.

The charge was dismissed two weeks later, but jailers who work for the Sheriff's Office detained him another 12 hours while conducting an investigation under the federal 287(g) immigration program.

Renteria-Villegas' lawyer, Elliott Ozment, declined to comment on the lawsuit.

The trouble began the night of Aug. 14. Renteria-Villegas was in a car with five others that police suspected were involved in a shooting. The driver fled from police and ran into a train crossing sign.

According to the arrest report, Renteria-Villegas ran away but was arrested after a chase. He was charged with evading arrest and contributing to the delinquency of a minor because he was with a 17-year-old after curfew.

Family members tried to bail him out of jail but were told he was on an immigration hold, according to the lawsuit. Relatives came back with copies of his birth certificate showing he was born in Portland, Ore., but were told the original was needed.

He was released Aug. 20 after relatives returned with an original birth certificate.

Two days later, Metro police re-arrested Renteria-Villegas on an aggravated assault charge. Police said in the warrant that he fired the shots reported the night of the 14th.

The lawsuit said Renteria-Villegas showed his Tennessee ID card during the arrest, but the officer inexplicably wrote down his birthplace as "Mexico."

Once in jail, Renteria-Villegas was again quizzed on where he was born. He said he told investigators he was born in Portland at St. Vincent's Hospital. He provided a valid Social Security number.

On Sept. 1, a judge dismissed the aggravated assault charge. But the Sheriff's Office continued to hold Renteria-Villegas on another immigration hold, the lawsuit said.

Renteria-Villegas was released around 1 a.m. Sept. 4, 12 hours after the charges were dropped, Ozment wrote.

Ozment, in court filings, said the Sheriff's Office has an unwritten policy of "subjecting any Latino or Hispanic inmate who is not fluent in English to a 287(g) investigation."

Ozment also argues that the Sheriff's Office doesn't have the authority to conduct immigration investigations under the federal 287(g) program. He said the county's charter and a 1964 Tennessee Supreme Court decision meant the sheriff gave up all authority to investigate any crime unless it was related to the jail or other corrections facilities the department operates.

http://www.azcentral.com/news/articles/ ... z1CpRBmgb4

Ozment, in court filings, said the Sheriff's Office has an unwritten policy of "subjecting any Latino or Hispanic inmate who is not fluent in English to a 287(g) investigation."

So, this guy who claims to be a U.S. citizen, born in Portland, isn't fluent in english? What's wrong with this picture?

Not speaking english is reasonable suspicion in my book. Americans speak english, its our language after all.

The thing I doubt they checked is making sure the BC and SSN is actually his. As there is not an available way to prove such its basically just providing legal BC and SSN even if its not yours. The sheriffs shoulda ran a background check on the BC and SSN to see if there was someone *else* for it to fit then investigate that.

*edit*

Quick background check and in TN there are 3 Daniel Villegas of the same age and all different people, different backgrounds, and different family members listed having lived in different cities. There are also a total of 5 which 2 of them look to be likely duplicates.

I can't see someone being BORN IN USA and not knowing how to speak English. He would have had to go to school and would have learned at least some basic English there...just from being around English speakers. They better do a more thorough investigation of this guy and his documents.

This guy wasn't carrying any proper ID! Any American citizen without ID would be held until it could be produced. The fact he was run through the ICE database is irrelevant.

He supposedly during the arrest showed his TN ID but whats not said is that there was a "birthplace" error in his paperwork as well and not just that the sheriff listed it as Mexico.

http://www.nashvillescene.com/nashville ... id=2156751

Among other sources and these are the liberal sources.

Honestly, how can you be born in the US and not be fluent in English? I'd check his finger prints too. He could be using a stolen ID.

Dixie