Can the border patrol be sued?

Asked over 2 years ago - San Diego, CA

I was pulled over by a border patrol officer accompanied by two other agents. I was pulled over initially for speeding, the agents reported they had a van with some weight in it so that warranted a stop. During the course of the next hour I was intimidated, daunted harassed and my daughter was told to shut up for asking a question. I was taken alone to the rear of the car with my hands up over my head and was forced up-against the truck firmly. I was later handcuffed and held for an extended period while citizenship was validated. I believe the handcuffs represent unlawful detainment.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . On these facts, without more, this incident is not likely to be sufficient for a suit and unlikely to be accepted as a contingency matter by an attorney. Even if you could sue and prevail, your damages would not cover your costs for brining the suit.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Marco Antonio Torres

    Pro

    Contributor Level 12

    Answered . The border patrol can certainly be sued but whether you have a valid case is an issue that is beyond the scope of this forum and should be discussed in detail with a local attorney that handles these cases routinely. I'm not certain that being retained in handcuffs is considered unlawful detainment - it could be considered a valid tool to insure the safety of the officers.

    Nevertheless, you would be well served to discuss this this matter with a local civil rights attorney.

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