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February 24, 2009
Rancher Cleared in Rights Case Arizona Jury Awards Illegals $$$$
Rancher cleared in rights case Arizona jury still awards damages to illegal immigrants
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.
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.
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."
Wild Thing's comment..........
“...but awarded $78,000 in actual and punitive damages on claims of assault and the infliction of emotional distress.”
Infliction of emotional distress?....Sheesh that is what all the illegals are giving us!!
The rancher (with his lawyer) was on Fox News O'Reilly. He was absolutely disgusted by this charge. He said the woman refused to listen to him as he was talking to them so he went to her and prodded her with his foot to get up and move to where the others were. She was uncooperative. Now her story is that she was "kicked."
The rancher was adamant about this. I believe him.
Mr. Barnett is a hero! Barnett has single-handedly done more to help secure the southern border than the entire U.S. gov't.
.
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
Posted by Wild Thing at February 24, 2009 06:48 AM
Comments
This has better be apealed.
Posted by: Odin at February 24, 2009 09:58 AM
Next time, Barnett should shoot the bastards and bury them where their filthy carcasses will never be found.
Posted by: cuchieddie at February 24, 2009 11:48 AM
A citizen being fined for doing the government's job. Mr Barnett should file suit against George W. Bush for encouraging illegal immigration, 1. by not enforcing the law, 2 by not building a fence, 3. by stating that we needed these illegal aliens to do "the jobs Americans will not do".
Posted by: TomR at February 24, 2009 12:33 PM
Buy Barnett a new backhoe!!!
Posted by: Jack at February 24, 2009 02:41 PM
Did this open a Pandora's Box? Can you imagine capturing a criminal breaking into your house, holding the criminal at gun point for the police, and then said criminal suing you punitive damages and winning? That's exactly what happened here.
We're being invaded and our courts are on the side of the invaders.
Shoot, Shovel, and Shut Up.
Posted by: BobF at February 24, 2009 03:12 PM
And, where is the money coming from to pay these people? From Mr. Barnett, who has worked hard to have what he has, but then has to pay money for people trespassing and smuggling drugs on HIS property? or our Goverment, who turns a blind eye to all of this?
Posted by: Jada at February 24, 2009 04:42 PM
He was found innocent on all charges. How the hell do the Illegals get punitive damages. It must've been a jury of 2nd generation Mexicans.
Posted by: Mark at February 24, 2009 07:10 PM
Odin, I sure hope so, this is disgusting that the illegals will get one dime.
Posted by: Wild Thing at February 24, 2009 07:14 PM
cuchieddie, I agree!!!
Posted by: Wild Thing at February 24, 2009 07:16 PM
Tom, DITTO that.
It is disgusting that this man has to even do what he has been doing. The illegals should have been stopped long before they got to his ranch.
Posted by: Wild Thing at February 24, 2009 07:18 PM
Jack, hahahaha
Good one.
I read somewhere that it is not just Mexicans coming in illegally but a lot of from China and Muslims as well.
Posted by: Wild Thing at February 24, 2009 07:21 PM
BobF., good point, that is exactly what it is that happened.
Posted by: Wild Thing at February 24, 2009 07:24 PM
Jada, I was wondering too. I never understand when this kind of thing happens and a person is to pay out tons of money they do not have where on earth does it come from. It can't all come from property insurance.
Posted by: Wild Thing at February 24, 2009 07:27 PM
Mark, it had to have been. If any were not Mexican then full blown liberals for sure.
Posted by: Wild Thing at February 24, 2009 07:29 PM
