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Can the border patrol be sued?

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


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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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.

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