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The Mexican family of an illegal immigrant shot after threatening a U.S. Border Patrol agent is suing the federal officer who pulled the trigger as well as the U.S. government. The incident occurred in 2007 about 150 yards north of the Mexico-Arizona border between Bisbee and Douglas. Border Patrol Agent Nicholas Corbett apprehended a group of Mexican illegal aliens when one of them, Francisco Dominguez, became aggressive and attacked him with rocks. Fearing for his life, the federal officer shot Dominguez and killed him. After meddling by the Mexican government, Corbett was charged with murder and the prosecution's key witnesses were the illegal alien relatives-two brothers and a sister-in-law-that made the desert journey with the shot man. A Cochise County jury hung and prosecutors retried Corbett, but charges were dropped after the second jury hung. This week Dominguez's family in Mexico filed a wrongful death lawsuit in Tucson federal court claiming the border agent violated the illegal immigrant's constitutional rights by using unlawful deadly force in the course of his duties as a U.S. government employee. Under the Federal Tort Claims Act, the lawsuit points out, the U.S. government is liable for a negligent or wrongful act of its employees. The complaint further says that Corbett was very vocal about his "hatred of Mexicans" and that the U.S. Border Patrol should have known about the agent's history of "ethnic hatred" before allowing him in the field. The agency's negligent hiring practices essentially led to the illegal immigrant's death, according to the complaint. Violence along the border has escalated in the last few years as federal agents encounter heavily armed Mexican drug traffickers and human smugglers that attack them with weapons ranging from firearms to big rocks and Molotov cocktails-makeshift bombs made of a breakable container filled with flammable liquid. Prosecuting the federal officers who confront the danger in the course of guarding the nation's borders seems rather bizarre. --------------------
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Comments (18)
![]() written by MadMommy, August 31, 2009
This lawsuit is ill conceived at best. Was the deceased a criminal? Was the officer defending himself in a lawless area of the border he was sworn to defend against intruding criminals? YES. These hard working border patrol agents are in jeopardy every day on that border.
If the border patrol agent was killed, there'd be no wrongful death suit to the Mexican government or the criminal who was illegally entering our country. Lawyers have nothing to lose by bringing these false suits against hard working people just trying to do their jobs and stay alive. written by Bob LaBuz, August 31, 2009
You will lose every time. Thank God the agent kept his composure and stopped the threat to save his own life. And if there is a single person who doesn't believe a rock smashing into their head is not deadly force, then please let me demonstrate the effects on their head or face.
In the Middle East, stoning is still being used to kill sinners. As a retired agent myself, I still have many of the memo's to the Chief Patrol Agent that state, "Nobody was more surprised than I when the rock came through my windshield/front/back/side window. I am confident that a jury of the agents peers will not award that idiots family a single centavo. written by Stephen, August 31, 2009
As far as I'm concerned, illegal aliens have NO rights except the right to GO HOME! I would encourage any Border Patrol officers to have a zero tolerance towards any illegal aliens a*saulting them in any fashion. Support enforcing our immigration laws and the people we entrust to do so. As for the Mexican government interfering in our internal affairs, tell them to butt out! Keep your people on YOUR side of the border and they won't get shot.
written by Wowzer, August 31, 2009
Not even a liberal judge would be blind to the fiaco of law breakers attacking a law officer. and credible will the illegal aliens witnesses be..caught crossing the border.
written by joazinha, August 31, 2009
The family of this illegal bordercrosser has NO right to sue a Border Patro Agent who was simply doing his job and tragically found it necessary to defend himself. It's the illegal's own fault that he is dead. If he and his accomplices had not been trying to sneak into the United States, this tragedy would NEVER have happened.l
written by Carrie, August 31, 2009 I am getting so tired of illegals having more rights than citzens here! What is up with that? Here a family in ANOTHER country can sue our government for a memeber of their family,ILLEGALLY trying to come into the U.S. and threatening our BOrder Patrol agents TRYING to do their job! And when an illegal commits a crime on U.S. soil, guess who has more rights? At least it seems that way. I HOPE this family gets NOTHING!
written by joazinha, August 31, 2009
The family of the illegal alien killed in self-defense by Border Patrol Agent Nicholas Corbett has no right to sue Corbett. It's the illegal alien's own fault that he is dead. If he and his accomplices had not been trying to sneak into our country, this tragedy would NEVER have happened.
written by Black Saint, September 01, 2009
We really need the army on border with permission to shot to kill. What we have are not just a few hard working folks coming across our borders but a invasion of Criminals and Uneducated third world rejects!
written by RobertH, September 01, 2009
Get the Guard and / or the Minutemen on the border (in CA also). Constitutional rights!? I thought that was for American citizens, not law breaking border crashers. For a judge to even hear this case sounds preposterous. There's got to be some changes made in this country. Illegals are a large part of this countries problem with going broke. If the agents that guard our borders cannot do the job we have goven them, this country is doomed to become third world. Obama, step up to the plate and get this fixed WITHOUT catering to the Mexican government. DO YOUR JOB!
written by TAP, September 01, 2009
OUTRAGEOUS! That's like the robber who sued the elderly homeowner (AND WON - in California, of course!) when he was injured by broken gla*s (which he broke while coming into her home) in the process of robbing her home! WTH ?
written by Michael Franck, September 01, 2009
The federal court that hears this matter should remember that the constitutional rights of americans apply to americans. There is no right for someone who is not a legal citizen of the United States. This same arguement has been used in the past by individuals who seek to have a voting right without being a legal citizen.
The suit should be promptly thrown out and the matter dismissed. written by Randall, September 03, 2009
Didn't realize the Constitution covered aliens only... that may explain why we Americans have no rights, we're not here illegally.
written by Dee In Texas, September 05, 2009
We're told that we should accept illegal Mexican immigrants because they make such an important contribution to our country. However, if they're too stupid to grasp the meaning of the word "NO", or understand that "illegal" means "criminal", I really fail to see how they can be a positive addition to America.
And yes, I CAN say that - I have Mexicans in my immediate family, who feel the same way. We're not racists, we're Americans who oppose the invasion of our country by criminals. And we're sick of seeing it happen with audacity on a daily basis. If these people show up in court, THEY should be arrested and prosecuted. They were here illegally, right? written by Puzzled, September 07, 2009
How do so many people feel so comfortable responding to legalities/illegalities they know so little about?
I've never read one of the rabid -- not rapid, RABID -- responses from these law and order folks which bore any relation to the simple substance of our laws. Have they even a pa*sing familiarity with the U.S. Constitution? Could their persistent misspellings and/or grammatical errors give us any insight into these questions? written by joazinha, September 08, 2009
Realistically speaking, NO ONE nation can contain the WHOLE world. It is time for OTHER countries to take care of their OWN people and for foreign rulers to be HELD accountable for their nations' welfare. Illegal immigration is a form of CRIMINAL trespa*s, and thus illegal aliens are FOREIGN criminal trespa*sers. And whether anyone LIKES it or NOT, the fact REMAINS that if the illegal killed by Border Patrol Agent Nicholas Corbett in self-defense had NOT been trying to SNEAK into our country, this tragedy would NEVER have occurred.
written by Dee In Texas, September 12, 2009
In response to Puzzled, who wrote on September 07, 2009:
How do so many people feel so comfortable responding to legalities/illegalities they know so little about? I've never read one of the rabid -- not rapid, RABID -- responses from these law and order folks which bore any relation to the simple substance of our laws. Have they even a pa*sing familiarity with the U.S. Constitution? Could their persistent misspellings and/or grammatical errors give us any insight into these questions? I find it amusing that when Liberals cannot argue points of law and logic, they ALWAYS resort to personal insult, delivered to their "inferiors" with their usual pompous arrogance. I would be willing to bet a month's pay that any given group of Conservatives will be better versed on the U.S. Constitution and Bill of Rights than any comparably-sized group of Liberals. And the reason is simple: Conservatives do their own research, and learn the facts. Liberals merely parrot what their handlers say. Puzzled is a prime example. written by OBAMA BIN LADDIN , November 21, 2009
TO ALL ILLEGAL ALIEN HATERS!
ITS OK IF IMMIGRANT WAS KILLED! WE HAVE PLENTY AND THEY WILL COME. LIKE IT OR NOT, WE ARE SMARTER THEN WHITE PEOPLE. WHITE PEOPLE COULD NOT SURVIVE IN THIS COUNTRY IF IT WASNT FOR ALL THE ILLEGAL ALIENS THAT DO THE LABOR. OF COURSE WHITE PEOPLE DONT KNOW WHAT THAT IS. THEY JUST KNOW WHAT EASY MONEY IS. WHITE PEOPLE GO BY THEIR STUPID NON-SENSE LAWS. WE TAKE MATTER INTO OUR ON HANDS. THATS WHY ITS A BLESSING THAT OSAMA CONTRIBUTED ON OUR ECONOMY. YAY FOR HIM... AND ALL YOU IGNORANTS OUT THERE PROBABLY THINK IM MEXICAN , BUT GUESS WHAT! IM WHITE JUST LIKE THE REST OF YOU! Write comment
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The Mexicans that unlawfully cross the border have no respect for the law whether it is at the border or the interior of this country. These people come from a lawless society and break any law that stands in their way.