Arizona rancher sued by illegal immigrants

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Kirara

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My thoughts are he has a right to protect his land and property from damage that was being caused by intruders whether they be citizens or illegal immigrants

http://www.washingtontimes.com/news/...izona-rancher/

16 illegals sue Arizona rancher
Claim violation of rights as they crossed his land
Jerry Seper (Contact)
Monday, February 9, 2009

An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border.

Roger Barnett, 64, began rounding up illegal immigrants in 1998 and turning them over to the U.S. Border Patrol, he said, after they destroyed his property, killed his calves and broke into his home.

His Cross Rail Ranch near Douglas, Ariz., is known by federal and county law enforcement authorities as "the avenue of choice" for immigrants seeking to enter the United States illegally.

Trial continues Monday in the federal lawsuit, which seeks $32 million in actual and punitive damages for civil rights violations, the infliction of emotional distress and other crimes. Also named are Mr. Barnett's wife, Barbara, his brother, Donald, and Larry Dever, sheriff in Cochise County, Ariz., where the Barnetts live. The civil trial is expected to continue until Friday.

The lawsuit is based on a March 7, 2004, incident in a dry wash on the 22,000-acre ranch, when he approached a group of illegal immigrants while carrying a gun and accompanied by a large dog.

Attorneys for the immigrants - five women and 11 men who were trying to cross illegally into the United States - have accused Mr. Barnett of holding the group captive at gunpoint, threatening to turn his dog loose on them and saying he would shoot anyone who tried to escape.

The immigrants are represented at trial by the Mexican American Legal Defense and Educational Fund (MALDEF), which also charged that Sheriff Dever did nothing to prevent Mr. Barnett from holding their clients at "gunpoint, yelling obscenities at them and kicking one of the women."

In the lawsuit, MALDEF said Mr. Barnett approached the group as the immigrants moved through his property, and that he was carrying a pistol and threatening them in English and Spanish. At one point, it said, Mr. Barnett's dog barked at several of the women and he yelled at them in Spanish, "My dog is hungry and he's hungry for buttocks."

The lawsuit said he then called his wife and two Border Patrol agents arrived at the site. It also said Mr. Barnett acknowledged that he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

In March, U.S. District Judge John Roll rejected a motion by Mr. Barnett to have the charges dropped, ruling there was sufficient evidence to allow the matter to be presented to a jury. Mr. Barnett's attorney, David Hardy, had argued that illegal immigrants did not have the same rights as U.S. citizens.

Mr. Barnett told The Washington Times in a 2002 interview that he began rounding up illegal immigrants after they started to vandalize his property, northeast of Douglas along Arizona Highway 80. He said the immigrants tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home.

Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water.

Mr. Barnett said some of the ranch´s established immigrant trails were littered with trash 10 inches deep, including human waste, used toilet paper, soiled diapers, cigarette packs, clothes, backpacks, empty 1-gallon water bottles, chewing-gum wrappers and aluminum foil - which supposedly is used to pack the drugs the immigrant smugglers give their "clients" to keep them running.

He said he carried a pistol during his searches for the immigrants and had a rifle in his truck "for protection" against immigrant and drug smugglers, who often are armed.


ASSOCIATED PRESS DEFENDANT: Roger Barnett said he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

A former Cochise County sheriff´s deputy who later was successful in the towing and propane business, Mr. Barnett spent $30,000 on electronic sensors, which he has hidden along established trails on his ranch. He searches the ranch for illegal immigrants in a pickup truck, dressed in a green shirt and camouflage hat, with his handgun and rifle, high-powered binoculars and a walkie-talkie.

His sprawling ranch became an illegal-immigration highway when the Border Patrol diverted its attention to several border towns in an effort to take control of the established ports of entry. That effort moved the illegal immigrants to the remote areas of the border, including the Cross Rail Ranch.

"This is my land. I´m the victim here," Mr. Barnett said. "When someone´s home and loved ones are in jeopardy and the government seemingly can´t do anything about it, I feel justified in taking matters into my own hands. And I always watch my back."
 
It's a sad day when legal americans cannot protect their own land, family, and animals--instead they are being sued by someone who is BREAKING THE LAWS.
 
This is dumb! He should have a right to protect his land!
 
He is allowed to shoot them dead for trespassing, killing his cattle, and stealing water!
Instead, turned them over to the police, as well he should have!
Glad as he** it wasn't a group of armed terrorists, invading the country!
Where's that expensive fence?
 
How in the world do the illegals even have standing to sue? I thought you had to have legal status in the US to sue....

*sarcasm* I love how they're able to sue and the courts see no problem with this, even through they're guilty of breaking laws and being here illegally. Great to see the US is doing a lot about our illegal immigrant population...yes, let's let the illegals sue the people trying to stop the problem....

ETA: and how in the world are they affording a lawyer to help them sue?
 
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Armed terrorists entering through Mexico? Mexico is fighting a civil war, they don't want to attack us.

Hey, at least they are learning the American way of law suits! LOL

Glad to see that Border Control is doing their job as usual.
 
You know the courts will just toss it - it's just MALDEF trying to get their name out there!
What happens if an American gets caught crossing the other way? Thrown into a filthy Mexican prison - never to be heard from again!
Guess I should have said "foreign armed terrorists," like Al-kida and the such - getting into Mexico is easier!
 
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Insane. I'd feel so angry and helpess if I were that man. As long as he didn't physically harm anybody for no reason then he's totally within his rights to protect his land.

No one has the right to do that to his property, whether they're legal or illegal people. But on that note, if it were an American citizen who'd damaged his property they'd be arrested and tried!
 
Honestly though, if the case makes it to a trial, there's no way a jury would convict him. Jury's are made up of average Joe citizens, so would you say he's guilty? I wouldn't either..
 
This is just sickening. It's just incredibly stupid that this man is being sued by people who don't even belong in this country legally. I'll never understand the stupidity of our courts to even allow this to happen. What a shame!
 
The thing I don't understand is since when did we start protecting the civil rights of foreign nationals in OUR court system. They are suing for violation of their civil rights. How can they possibly have civil rights if they aren't citizens of our country, and subject to OUR civil rights laws?

The judge who is handling this really dropped the ball by not throwing it out of court. He's going to end up looking like a total moron.
 
Wow.... I am having trouble thinking of what would happen in court. What are their arguments? I understand how desperate they are to escape from Mexico and how appealing America must look, but do they actually think that since they made it over the border they are in the clear and can adopt the rights of a legal citizen?
 
This is ridiculous, absolutely ridiculous. They don't have any American civil rights to have been violated in the first place....and if I were him having this issue with the damage and trash (human waste, gag) on my property I'd walk around with a gun threatening them and turning them over too.
 
Illegals cannot get deported if they are in the middle of a law suit. It happens here all the time. In certain neighborhoods around here the people are known to jump out in front of cars so they can be involved in a law suit.

I understand they come here for our rights but when the "violation" happened at the time of them not having rights yet I think its totally ridiculous that they let the law suit continue. Being first generation American and having my family come here to America for our rights the LEGAL WAY(requested permission from this country and their own prior to leaving Cuba), I am insulted that these people go to the extreme that they did. IMO if they didnt like what was happening, they could've stepped right back over their line and cry to their friends.
 
I still can't believe this is happening.

I do have one thought about why this is actually going to court!
There must be quite a lot of these frivolous lawsuits going through the courts. If this one actually goes to court and they rule in favor of the rancher, more people will be inclined to take steps to make sure that illegals aren't passing through their property. If they know this is the way the court will rule, it sets a precedent; less illegals will try to sue if they know it won't turn out in their favor.
 
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