Thread: FL: Lawsuit against sheriff over immigrant rights tossed

Lawsuit against sheriff over immigrant rights tossed
By Jane Musgrave, The Palm Beach Post

9:30 p.m. EST, November 10, 2010

WEST PALM BEACH —
It was billed as a case that was going to show how Sheriff Ric Bradshaw tramples on immigrants, keeping them in jail and refusing to let their friends and families post bond to get them out.

However, nearly a year after an immigrant rights group filed suit, a federal judge has found no evidence that anyone's rights have been violated.

U.S. District Court Judge Kenneth Marra granted Bradshaw's motion for summary judgment, meaning that he found no merit to the claims raised by Boca Raton attorney Barry Silver and attorneys with the New York-based civil rights group LatinoJustice.


Contrary to claims of widespread abuse, Marra said "the record evidence does not demonstrate anything more than the jail staff 'occasionally erring and failing to fulfill their duties as instructed.'"

Attorney Jose Perez, one of several LatinoJustice attorneys involved in the lawsuit, said on Tuesday that he disagreed with the ruling, issued late last month, and the group is likely to appeal.

The case was filed on behalf of Marcotulio Mendez, a 28-year-old father of four who spent five months in the Palm Beach County Jail last year after being arrested on charges of driving without a license and fleeing and eluding police — charges that were ultimately dismissed.

Deputies said they couldn't release him because U.S. Immigrant and Customs Enforcement had placed a hold on the 11-year West Palm Beach resident for unspecified immigration violations.

However, Perez said, such holds are only to last for 48 hours. If ICE doesn't act, the hold disappears and the person can be released on bond. Unfortunately, he said deputies don't fully explain the policy, allowing people like Mendez to languish in jail.

"We believe it is only the tip of the iceberg," Perez said.

Attorney Fred Gelston, who represented Bradshaw, said there are various factors — none the fault of the Palm Beach County Sheriff's Office — that contributed to Mendez's lengthy jail stay. He was mistakenly charged twice for driving without a license. When he didn't appear in court on the traffic ticket because he was in jail, a warrant was issued for his arrest.

It took months for the mistake to be discovered. He was ultimately released 48 hours after the charges were dismissed and ICE revoked its hold.

Trying to protect immigrants, deputies explain that there is no reason to post a bond if an inmate is under an ICE hold. Not only will the person not be released, but there is a strong likelihood their family or friends will lose the bond money if ICE ultimately acts and the person is deported.

Gelston said he doesn't understand the logic behind the allegations.

"What's in it for the sheriff to hold these people?" he asked.

www.sun-sentinel.com

That's what happens to illegal aliens. Nobody knows where they are, or even who they are, so they get treated like a nobody. Marco should have came here legally to avoid frustrations.

"LatinoJustice"

Well, this is the United States where we have American Justice. Period. And you might want to tell your clients that we have the highest incarceration rate per capita of any country in the world which means they should probably stay home in their own country since they'll have a better chance of staying out of jail.

It's hard to believe a judge found in favor of an American over a illegal alien. Has that ever happened before?

U.S. District Court Judge Kenneth Marra granted Bradshaw's motion for summary judgment, meaning that he found no merit to the claims raised by Boca Raton attorney Barry Silver and attorneys with the New York-based civil rights group LatinoJustice.

So after an entire year, LatinoJustice could not present one iota of evidence to support their allegations! What a complete waste of time to the tax payers of Florida who had to likely pay considerable legal fees to defend this garbage over the past year. LatinoJustice should be made to reimburse the State of Florida for all the legal feels they had to incur to defend this meritless allegation.

Illegal invaders and their racial advocacy groups spending even more of your tax dollars....

Gelston said he doesn't understand the logic behind the allegations.

Their never is any logic in race-based allegations, designed to further the cause of illegal invaders.

But bottom line , THE ILLEGAL GOT RELEASED

praytell , where is he now?