Jury: Rancher didn't violate illegals rights - The Firearms Forum

artabr · 02-18-2009, 10:01 AM

http://www.chron.com/disp/story.mpl/...e/6267853.html

Jury: Rancher didn't violate illegal immigrants' rights
By ARTHUR H. ROTSTEIN

TUCSON, Ariz. — A federal jury found Tuesday that a southern Arizona rancher didn't violate the civil rights of a group of illegal immigrants who said he detained them at gunpoint in 2004.

The eight-member civil jury also found Roger Barnett wasn't liable on claims of battery and false imprisonment.

But the jury did find him liable on four claims of assault and four claims of infliction of emotional distress and ordered Barnett to pay $77,804 in damages — $60,000 of which were punitive.

Barnett declined to comment afterward, but one of his attorneys, David Hardy, said the plaintiffs lost on the bulk of their claims and that Barnett has a good basis for appeal on the two counts on which he lost.

"They won a fraction of the damages they were seeking," Hardy said.

All six plaintiffs are citizens of Mexico, five of whom are living in the United States with visa applications pending, and the sixth resides in Mexico but was allowed into the U.S. for the trial, said Nina Perales, an attorney with the Mexican American Legal Defense and Educational Fund. She declined to say where in the U.S. they're residing.

Perales called the outcome "a resounding victory that sends a message that vigilante violence against immigrants will not be tolerated."

David Urias, attorney for the plaintiffs, said, "Obviously we are disappointed with some aspects of the verdict. But I think that overall this was a victory for the plaintiffs."

For years, Arizona has been the busiest point along the Mexican border for illegal immigrants entering the United States.

For more than a decade, Barnett has been a controversial figure in southern Arizona. He's known for aggressively patrolling his ranch property and along highways and roads in the area, often with his wife and brothers, on the lookout for illegal immigrants.

The plaintiffs alleged that Barnett threatened them with his dog and told them he would shoot anyone who tried to escape.

Barnett's lawyers argued that his land was inundated with illegal immigrants who left trash on his property, damaged his water supply and harmed his cattle.

Barnett's wife and a brother were dismissed as defendants; in addition, 10 more people initially named as plaintiffs were dropped from the proceedings.

Barnett has been known to wear a holstered 9-mm pistol on his hip and upon coming across groups of migrants, to flash a blue and gold badge resembling that of the highway patrol, with the wording "Barnett Ranch Patrol. Cochise County. State of Arizona."

The Barnetts detain and turn over those whom they encounter to the U.S. Border Patrol. In 2006, Barnett estimated that he had detained more than 10,000 illegal immigrants in 10 years.

His actions have resulted in formal complaints from the Mexican government against what it considers vigilante actions, and in several other lawsuits, including one stemming from an October 2004 incident.

In that case, a jury awarded a family of Mexican-Americans on a hunting trip $100,000 in damages, later upheld by the Arizona Supreme Court.

Barnett's 22,000-acre ranch, about five miles north of the Mexican border, includes private and federal lease holdings in addition to nearly 14,000 acres of state-leased land.

Art

oscarmayer · 02-18-2009, 10:06 AM

seem common sense isn't completely dead. but i have to wonder how did it and who allowed it to get this far

jacksonco · 02-18-2009, 10:12 AM

It seems to me that the rancher has still lost a lot. It is hopefull that this will be remedied on appeal. Such charges against a man that should be considered a hero is a strike against our nation. What if one of those stopped and held by the man was coming here to poison water supplies or other acts of terrorism?

kingnothingugm · 02-18-2009, 04:14 PM

Just goes to show that American citizens are increasingly becoming the threat...not the foreigners...just the domestics...at least that is the position held by the government. It's ridiculous.

oldogy · 02-18-2009, 04:31 PM

OK, what is so hard for the US government to understand about the word "Illegal" as in illegal alien.

We have laws against them crossing the boarders and over 70% of Americans say those laws should be enforced. A guy trying to protect his property and now he is prosecuted. Does Arizona not have trespass laws? Dayum, it does get frustrating for this old tax paying law abiding citizen.
I know Pogo was right.

oldogy

armedandsafe · 02-18-2009, 05:24 PM

Unfortunately, oldogy, he wasn't prosecuted. Had it gone to criminal trial, there would have been a much different outcome, in my opinion. This was a civil (?) suit, brought strictly because of the prospect for money.

Pops

bcj1755 · 02-18-2009, 05:53 PM

"violence against immigrants"? You know what, those people were IN THE COUNTRY ILLEGALLY!!!!!!!!!!!!!!!!!!!!!!!! THEY DO NOT BELONG HERE!!!!!!!! If they want to come to the US then get a freakin' VISA and a GREEN CARD!!!!!!! Pfft, "violence against immigants"

glocknut · 02-18-2009, 06:59 PM

Quote:

Originally Posted by bcj1755

"violence against immigrants"? You know what, those people were IN THE COUNTRY ILLEGALLY!!!!!!!!!!!!!!!!!!!!!!!! THEY DO NOT BELONG HERE!!!!!!!! If they want to come to the US then get a freakin' VISA and a GREEN CARD!!!!!!! Pfft, "violence against immigants"

DITTO!!!!

mike
gn

armedandsafe · 02-18-2009, 07:41 PM

They are criminals, across international boundries. Thus they are international criminals. I thought the idea of Law and Justice was to apprehend and punish criminals.

Pops

obxned · 02-18-2009, 07:56 PM

Shoot, shovel, shut up!

Bruce FLinch · 02-19-2009, 12:10 AM

Quote:

Originally Posted by obxned

Shoot, shovel, shut up!

10-4 to that Good Buddy!

The fact the rancher has to pay anything, just ticks me off. Stinkin' illegals got a payday, anyway.

45nut · 02-19-2009, 12:40 PM

Quote:

Originally Posted by obxned

Shoot, shovel, shut up!

I'll pass on the "good buddy" part

, but I agree. I wouldn't be calling INS any more. He's got more than enough land to bury the evidence.

momo · 02-19-2009, 02:27 PM

We should tell those thieving bastards that run Mexico that we're going to treat our illegal immigrants like they treat theirs, beat the crap out of them, take their money and then throw them in jail.

02-18-2009, 10:01 AM	#1
artabr Advanced Senior Member Join Date: Mar 2008 Location: New Iberia, Louisiana Contributor Posts: 7,859	Jury: Rancher didn't violate illegals rights http://www.chron.com/disp/story.mpl/...e/6267853.html Jury: Rancher didn't violate illegal immigrants' rights By ARTHUR H. ROTSTEIN TUCSON, Ariz. — A federal jury found Tuesday that a southern Arizona rancher didn't violate the civil rights of a group of illegal immigrants who said he detained them at gunpoint in 2004. The eight-member civil jury also found Roger Barnett wasn't liable on claims of battery and false imprisonment. But the jury did find him liable on four claims of assault and four claims of infliction of emotional distress and ordered Barnett to pay $77,804 in damages — $60,000 of which were punitive. Barnett declined to comment afterward, but one of his attorneys, David Hardy, said the plaintiffs lost on the bulk of their claims and that Barnett has a good basis for appeal on the two counts on which he lost. "They won a fraction of the damages they were seeking," Hardy said. All six plaintiffs are citizens of Mexico, five of whom are living in the United States with visa applications pending, and the sixth resides in Mexico but was allowed into the U.S. for the trial, said Nina Perales, an attorney with the Mexican American Legal Defense and Educational Fund. She declined to say where in the U.S. they're residing. Perales called the outcome "a resounding victory that sends a message that vigilante violence against immigrants will not be tolerated." David Urias, attorney for the plaintiffs, said, "Obviously we are disappointed with some aspects of the verdict. But I think that overall this was a victory for the plaintiffs." For years, Arizona has been the busiest point along the Mexican border for illegal immigrants entering the United States. For more than a decade, Barnett has been a controversial figure in southern Arizona. He's known for aggressively patrolling his ranch property and along highways and roads in the area, often with his wife and brothers, on the lookout for illegal immigrants. The plaintiffs alleged that Barnett threatened them with his dog and told them he would shoot anyone who tried to escape. Barnett's lawyers argued that his land was inundated with illegal immigrants who left trash on his property, damaged his water supply and harmed his cattle. Barnett's wife and a brother were dismissed as defendants; in addition, 10 more people initially named as plaintiffs were dropped from the proceedings. Barnett has been known to wear a holstered 9-mm pistol on his hip and upon coming across groups of migrants, to flash a blue and gold badge resembling that of the highway patrol, with the wording "Barnett Ranch Patrol. Cochise County. State of Arizona." The Barnetts detain and turn over those whom they encounter to the U.S. Border Patrol. In 2006, Barnett estimated that he had detained more than 10,000 illegal immigrants in 10 years. His actions have resulted in formal complaints from the Mexican government against what it considers vigilante actions, and in several other lawsuits, including one stemming from an October 2004 incident. In that case, a jury awarded a family of Mexican-Americans on a hunting trip $100,000 in damages, later upheld by the Arizona Supreme Court. Barnett's 22,000-acre ranch, about five miles north of the Mexican border, includes private and federal lease holdings in addition to nearly 14,000 acres of state-leased land. Art __________________ God and the soldier we like adore, In times of trouble, not before. When troubles ended and all things righted, God is forgotten and the soldier is slighted. Francis Quarles 1592 - 1644 __________________ When asked for my race, I answer CauCajun. Hope is not a plan, and not all change is good. The resistance is here; the resistance is now. RESIST! These hands are neither cold nor are they dead!! --> Last edited by artabr; 02-18-2009 at 10:02 AM..

02-18-2009, 10:06 AM	#2
oscarmayer Advanced Senior Member Join Date: Jun 2008 Contributor Posts: 2,387	Re: Jury: Rancher didn't violate illegals rights seem common sense isn't completely dead. but i have to wonder how did it and who allowed it to get this far

02-18-2009, 10:12 AM	#3
jacksonco Advanced Senior Member Join Date: Jul 2007 Location: Jackson County West Virginia Posts: 2,237	Re: Jury: Rancher didn't violate illegals rights It seems to me that the rancher has still lost a lot. It is hopefull that this will be remedied on appeal. Such charges against a man that should be considered a hero is a strike against our nation. What if one of those stopped and held by the man was coming here to poison water supplies or other acts of terrorism?

02-18-2009, 04:14 PM	#4
kingnothingugm V.I.P. Member Join Date: Feb 2009 Location: FL Posts: 274	Re: Jury: Rancher didn't violate illegals rights Just goes to show that American citizens are increasingly becoming the threat...not the foreigners...just the domestics...at least that is the position held by the government. It's ridiculous. Last edited by kingnothingugm; 02-18-2009 at 04:16 PM..

02-18-2009, 04:31 PM	#5
oldogy V.I.P. Member Join Date: Jan 2009 Location: East TN Posts: 309	Re: Jury: Rancher didn't violate illegals rights OK, what is so hard for the US government to understand about the word "Illegal" as in illegal alien. We have laws against them crossing the boarders and over 70% of Americans say those laws should be enforced. A guy trying to protect his property and now he is prosecuted. Does Arizona not have trespass laws? Dayum, it does get frustrating for this old tax paying law abiding citizen. I know Pogo was right. oldogy

02-18-2009, 05:24 PM	#6
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Jury: Rancher didn't violate illegals rights Unfortunately, oldogy, he wasn't prosecuted. Had it gone to criminal trial, there would have been a much different outcome, in my opinion. This was a civil (?) suit, brought strictly because of the prospect for money. Pops

02-18-2009, 05:53 PM	#7
bcj1755 Advanced Senior Member Join Date: Jul 2008 Location: A wretched hive of scum and villiany Posts: 4,357	Re: Jury: Rancher didn't violate illegals rights "violence against immigrants"? You know what, those people were IN THE COUNTRY ILLEGALLY!!!!!!!!!!!!!!!!!!!!!!!! THEY DO NOT BELONG HERE!!!!!!!! If they want to come to the US then get a freakin' VISA and a GREEN CARD!!!!!!! Pfft, "violence against immigants" __________________ History is much like an endless waltz. The three beats of war, peace, and revolution continue on forever. Inter Arma Enim Silent Leges - Cicero If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen. - Samuel Adams

02-18-2009, 07:41 PM	#9
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Re: Jury: Rancher didn't violate illegals rights They are criminals, across international boundries. Thus they are international criminals. I thought the idea of Law and Justice was to apprehend and punish criminals. Pops

02-18-2009, 07:56 PM	#10
obxned Advanced Senior Member Join Date: Mar 2007 Posts: 1,342	Re: Jury: Rancher didn't violate illegals rights Shoot, shovel, shut up! __________________ Proud member of a North Carolina Committee of Safety "If we loose Freedom here, there's no place to escape to. This is the Last Stand on Earth!" Ronald Reagan

02-19-2009, 02:27 PM	#13
momo Former Guest Join Date: Sep 2007 Posts: 300	Re: Jury: Rancher didn't violate illegals rights We should tell those thieving bastards that run Mexico that we're going to treat our illegal immigrants like they treat theirs, beat the crap out of them, take their money and then throw them in jail.