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$32 million suit: Illegal immigrants claim sheriff, county businessman violated their civil rights
By BILL HESS/Wick News Service
Sixteen illegal immigrants are seeking $32 million from a Cochise County businessman, his family members and the county sheriff for reportedly violating their civil rights last year.
Roger Barnett, who owns a business in Sierra Vista and operates a ranch in southeastern Cochise County, is accused of assaulting, detaining and threatening a group of illegal immigrants a year ago on his property near Douglas.
A federal civil lawsuit filed by the California-based Mexican American Legal Defense and Education Fund alleges Barnett held a group of men and women at gunpoint, threatened to let his dog loose on them and kicked one of the women.
Additionally, Cochise County Sheriff Larry Dever is accused of being a co-conspirator by violating the civil rights of the illegal immigrants. The lawsuit was filed Friday in U.S. District Court in Tucson.
The suit also names Barnett's wife, Barbara, and brother, Donald.
Araceli Perez, a MALDEF attorney, said Barnett's actions show a pattern of harming people who cross the border and who are found on his ranch or his state grazing leases.
The incident which led to the civil lawsuit allegedly happened on March 7, 2004.
Barnett said he doesn't remember the incident on which the lawsuit is based.
In his many times of stopping and holding illegal immigrants for the U.S. Border Patrol, he said he has never kicked anyone or threatened to let his dog attack them or threaten to kill them.
Barnett said MALDEF "is a subversive, race-based organization wanting to destroy the United States."
He alleged the group will go out of its way "to do what they think is the best for illegals."
Dever accused of inaction.
Perez said the sheriff was named because his pattern of inaction shows conspiracy.
"He (Dever) has not done enough to protect migrants," she said.
However, Dever said every incident in which criminal actions may have taken place are investigated. A report is submitted to the Cochise County Attorney and any cases involving illegal immigrants are provided to federal authorities.
Deputy County Attorney Vince Festa said he met with four people last week in Agua Prieta, the Sonora community across the border from Douglas, who said they were at the March 7, 2004, incident.
The meeting was to determine if there was any more evidence to seek charges against Barnett, Festa said.
While some of the illegal immigrants may have felt threatened by Barnett, the kicking incident may have been nothing more than an attempt by him to move one group of people closer to another group, the deputy county attorney said.
Barnett may have kicked at her, but did not connect, Festa said.
His defense may have been he was just trying to get the two groups into one area and then the only way one group would have moved would have been to "scuff at them," Festa said.
On Thursday, after talking with Cochise County Attorney Ed Rheinheimer, a decision was made not to charge Barnett.
"There wasn't enough evidence to charge assault," Festa said. "Assault is a tricky thing to prove."
In the past, Barnett has been the subject of investigations for which "no charges were ever filed," he added.
In Arizona, there is a law about defense of premises and that includes real property, Festa said.
Anyone defending their property can threaten to use deadly force, he said. "As long as they don't use deadly force, no criminal action has taken place."
Accusers' story is similar
The four persons Festa talked with last week all told the same story.
The sheriff's report also documented that a number of illegal immigrants were interviewed and all had similar stories of what happened last March.
According to sheriff's reports of the interviews, the people said they feared that Barnett's dog would attack them. Barnett had kicked a woman and until the Border Patrol arrived, held a gun on them.
Of the 16 people named in the civil lawsuit, six of them were given pseudonyms because of fear of adverse action based on their immigration status.
Four of the men, ranging in age from 19 to 26, reportedly now live in Cook County, Ill., according to the lawsuit. Another 23-year-old man resides in Fulton County Ga. A 28-year-old woman lives in Kent County Mich.
The 10 other named plaintiffs, ranging in age from 19 to 51, are listed as residents of the Mexican state of Michoacan.
Perez would not divulge where the 16 plaintiffs were questioned.
"I'm not going to reveal (the plaintiffs' current locations)," she said.
Besides the three Barnetts and Dever, the lawsuit lists 10 unnamed individuals as "Does," who reportedly took part in the civil rights violations.
Lawsuit outlines 9 claims
The federal lawsuit has a number of claims, including:
Violation of civil rights in that the Barnetts, Does 1 through 8 and Dever conspired to deny plaintiffs equal protection under law.
Violation of civil rights in that Dever and Does 9 and 10 had the power to prevent the deprivation of civil rights, but neglected or refused to do so.
Violation of civil rights in that Dever and Does 9 and 10 violated the plaintiffs' rights under the 14th Amendment of the Constitution by denying them the protection of laws.
Assault in that Roger Barnett pointed a gun at the plaintiffs telling them he would shoot them if they moved.
Battery in that Roger Barnett kicked one of the plaintiffs twice. The person was identified as Ana Maria Vicente in the lawsuit.
False arrest and false imprisonment in that Roger and Barbara Barnett held the plaintiffs without legal justification and against their will.
Negligence in that the actions of Roger and Barbara Barnett caused severe emotional distress to the plaintiffs.
Negligence in that the three Barnetts and Does 1 through 8 armed themselves, used military type equipment and dressed in quasi-government uniforms to imply they were federal officials while patrolling in an illegal attempt to enforce federal immigration laws.
Intentional infliction of emotional distress in that the conduct of Roger and Barbara Barnett was extreme and dangerous.
"As a proximate result of such conduct, plaintiffs have experienced severe and lasting emotional and mental distress, fear, anxiety, humiliation, stress, frustration and sadness," the lawsuit states.
Festa noted that unlike a criminal case where evidence to find a person guilty requires beyond a reasonable doubt, a civil suit only requires a preponderance of evidence, 51 to 49 percent, to find for a plaintiff.
Each of the plaintiffs are seeking $1 million for actual damages from all the named and unnamed defendants and an additional $1 million in punitive damages.
MALDEF background
According to its website, MALDEF was founded in 1968 in San Antonio, Texas.
It claims to be the leading nonprofit Latino litigation, advocacy and educational outreach institution in the United States.
MALDEF''s mission is to "foster sound public policies, laws and programs to safeguard the civil rights of the 40 million Latinos living in the United States and to empower the Latino community to fully participate in our society"
(Editor's Note: Bill Hess is the senior reporter for the Sierra Vista Herald/Bisbee Daily Review.)
Roger Barnett, who owns a business in Sierra Vista and operates a ranch in southeastern Cochise County, is accused of assaulting, detaining and threatening a group of illegal immigrants a year ago on his property near Douglas.
A federal civil lawsuit filed by the California-based Mexican American Legal Defense and Education Fund alleges Barnett held a group of men and women at gunpoint, threatened to let his dog loose on them and kicked one of the women.
Additionally, Cochise County Sheriff Larry Dever is accused of being a co-conspirator by violating the civil rights of the illegal immigrants. The lawsuit was filed Friday in U.S. District Court in Tucson.
The suit also names Barnett's wife, Barbara, and brother, Donald.
Araceli Perez, a MALDEF attorney, said Barnett's actions show a pattern of harming people who cross the border and who are found on his ranch or his state grazing leases.
The incident which led to the civil lawsuit allegedly happened on March 7, 2004.
Barnett said he doesn't remember the incident on which the lawsuit is based.
In his many times of stopping and holding illegal immigrants for the U.S. Border Patrol, he said he has never kicked anyone or threatened to let his dog attack them or threaten to kill them.
Barnett said MALDEF "is a subversive, race-based organization wanting to destroy the United States."
He alleged the group will go out of its way "to do what they think is the best for illegals."
Dever accused of inaction.
Perez said the sheriff was named because his pattern of inaction shows conspiracy.
"He (Dever) has not done enough to protect migrants," she said.
However, Dever said every incident in which criminal actions may have taken place are investigated. A report is submitted to the Cochise County Attorney and any cases involving illegal immigrants are provided to federal authorities.
Deputy County Attorney Vince Festa said he met with four people last week in Agua Prieta, the Sonora community across the border from Douglas, who said they were at the March 7, 2004, incident.
The meeting was to determine if there was any more evidence to seek charges against Barnett, Festa said.
While some of the illegal immigrants may have felt threatened by Barnett, the kicking incident may have been nothing more than an attempt by him to move one group of people closer to another group, the deputy county attorney said.
Barnett may have kicked at her, but did not connect, Festa said.
His defense may have been he was just trying to get the two groups into one area and then the only way one group would have moved would have been to "scuff at them," Festa said.
On Thursday, after talking with Cochise County Attorney Ed Rheinheimer, a decision was made not to charge Barnett.
"There wasn't enough evidence to charge assault," Festa said. "Assault is a tricky thing to prove."
In the past, Barnett has been the subject of investigations for which "no charges were ever filed," he added.
In Arizona, there is a law about defense of premises and that includes real property, Festa said.
Anyone defending their property can threaten to use deadly force, he said. "As long as they don't use deadly force, no criminal action has taken place."
Accusers' story is similar
The four persons Festa talked with last week all told the same story.
The sheriff's report also documented that a number of illegal immigrants were interviewed and all had similar stories of what happened last March.
According to sheriff's reports of the interviews, the people said they feared that Barnett's dog would attack them. Barnett had kicked a woman and until the Border Patrol arrived, held a gun on them.
Of the 16 people named in the civil lawsuit, six of them were given pseudonyms because of fear of adverse action based on their immigration status.
Four of the men, ranging in age from 19 to 26, reportedly now live in Cook County, Ill., according to the lawsuit. Another 23-year-old man resides in Fulton County Ga. A 28-year-old woman lives in Kent County Mich.
The 10 other named plaintiffs, ranging in age from 19 to 51, are listed as residents of the Mexican state of Michoacan.
Perez would not divulge where the 16 plaintiffs were questioned.
"I'm not going to reveal (the plaintiffs' current locations)," she said.
Besides the three Barnetts and Dever, the lawsuit lists 10 unnamed individuals as "Does," who reportedly took part in the civil rights violations.
Lawsuit outlines 9 claims
The federal lawsuit has a number of claims, including:
"As a proximate result of such conduct, plaintiffs have experienced severe and lasting emotional and mental distress, fear, anxiety, humiliation, stress, frustration and sadness," the lawsuit states.
Festa noted that unlike a criminal case where evidence to find a person guilty requires beyond a reasonable doubt, a civil suit only requires a preponderance of evidence, 51 to 49 percent, to find for a plaintiff.
Each of the plaintiffs are seeking $1 million for actual damages from all the named and unnamed defendants and an additional $1 million in punitive damages.
MALDEF background
According to its website, MALDEF was founded in 1968 in San Antonio, Texas.
It claims to be the leading nonprofit Latino litigation, advocacy and educational outreach institution in the United States.
MALDEF''s mission is to "foster sound public policies, laws and programs to safeguard the civil rights of the 40 million Latinos living in the United States and to empower the Latino community to fully participate in our society"
(Editor's Note: Bill Hess is the senior reporter for the Sierra Vista Herald/Bisbee Daily Review.)
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