View Full Version : 16 Illegals Sue Arizona Rancher

Calif Cowgirl
02-11-2009, 12:49 AM
Washington Times - 16 illegals sue Arizona rancher

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."

This is unbelievable!!! There is also an article about it at http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=87988 with more details.

02-11-2009, 10:01 AM
In this new crispy, souce-less wing world (gosh I hate KFCs commercials), nothing surprises me.

02-11-2009, 05:48 PM
Yes, now a property owner has no rights on his own land.

02-11-2009, 05:52 PM

02-11-2009, 06:05 PM
Too bad he didn't live in Texas....

Calif Cowgirl
02-18-2009, 12:23 AM
Here's a little icing on the cake!

February 16, 2009

Few cases better illustrate how dysfunctional this country's immigration and “justice” systems are today than that of Roger Barnett - a Cochise, Ariz., man who is being sued in federal court by a group of illegal aliens who accuse him of violating their “civil rights” for holding them at gunpoint after catching them trespassing on his property.

The illegals, who are suing Barnett with the assistance of the Mexican American Legal Defense and Education Fund (MALDEF), seek $32 million for civil-rights violations, the infliction of emotional distress, and other things - $1 million in actual damages and $1 million in punitive damages for each of the illegals who were purportedly “victimized.”

One of the illegal aliens seeking to collect his $2 million is Gerardo Gonzalez, 38, described in MALDEF's lawsuit as a Mexican citizen. No ordinary Mexican, he. Jerry Seper of The Times reported Friday that Gonzalez is also a convicted drug dealer; in September 1993 he was convicted of possessing a controlled substance for sale and was ordered deported back to Mexico.

Gonzalez, whose illegal re-entry after removal under U.S. law would be an additional felony, was among the 11 men and five women detained by Barnett on March 7, 2004 when the rancher, now 64, approached a group of illegals, accompanied by a dog and carrying a gun. The MALDEF lawsuit accuses Barnett of having “conspired” “to hunt and detain against their will, and at gunpoint, Latino migrants.” Barnett counters that he drew his handgun because his 22,000-acre ranch is frequently crossed by illegal immigrants and drug smugglers, and that he holstered the weapon after assuring himself that the trespassers were


TUCSON — A jury in Tucson has found that a southern Arizona rancher didn't violate the civil rights of a group of illegal immigrants who claimed he detained them at gunpoint in 2004.
The federal jury also found Roger Barnett wasn't liable on claims of battery and false imprisonment.
But the jury did find him liable Tuesday on four claims of assault and four claims of infliction of emotional distress.
The jurors ordered Barnett to pay nearly $78,000 in damages. The bulk of that is punitive.
Barnett's lawyer said he feels good about the outcome.

Soooo, if the attorney's fees are 33%, the plaintiffs should get about $3,266 each. That should be enough for Gerardo Gonzalez to get set back up in his drug selling business...the American Dream will not be out of reach to him afterall!

Calif Cowgirl
02-18-2009, 12:45 AM
IRLI Successfully Defends Border Residents Right to Protect Themselves Against Illegal Aliens

TUCSON, Ariz. and WASHINGTON, Feb. 17 /PRNewswire-USNewswire/ -- In a major setback for the illegal alien advocacy network's strategy of legal intimidation, a federal jury in Tucson has rejected nearly all of the substantive claims brought by illegal alien advocacy group Mexican American Legal Defense and Education Fund (MALDEF) against Arizona rancher Roger Barnett. Earlier, on February 10, federal district judge John M. Roll threw out related conspiracy complaints against his wife Barbara and his brother Donald Barnett, and dismissed the claims brought by ten illegal aliens who did not testify in court.

The Barnetts, who operate the Cross Rail Ranch near the Mexican border, were alleged to have violated the civil rights of 20 illegal aliens whom they detained as the illegal entrants crossed their property in 2004. The Barnetts were represented by the Immigration Reform Law Institute (IRLI), including Arizona attorneys John Kaufmann, David Hardy, and Sharma Hammond. IRLI is the legal defense and education arm of the Federation for American Immigration Reform.

Jurors awarded four female plaintiffs small punitive damages for emotional distress they claim to have suffered. However, a 2006 Arizona constitutional amendment bars awards of punitive damages to illegal aliens. Barnett's attorneys have already objected that the jury was given legally flawed instructions on this claim.

"For years, MALDEF and other illegal alien advocacy groups have threatened local governments and individual citizens with lawsuits to intimidate them from protecting their communities and property," said Michael Hethmon, IRLI co-counsel for Roger and Barbara. "But the Barnett family are Americans who refused to be intimidated. IRLI is honored to have been able to help these honest citizens defend their right to protect their homes and safety."

When dismissing the conspiracy claims, the court explained that illegal aliens have no constitutionally protected right to travel in the U.S. and that people, like the Barnetts, who live in close proximity to the border can make a reasonable assumption that large groups of people they encounter hiding or trespassing are doing so with the aid of smugglers, a federal felony for which a citizens arrest is authorized under Arizona law.

John Kaufmann, the lead trial attorney for Roger Barnett, systematically dismantled MALDEF's core contention that the plaintiffs were detained because of their ethnicity. The jury became aware that the poor and uneducated plaintiffs were being used by the Mexican government in a crude attempt to discourage border enforcement efforts.

In rejecting the claim that the Barnetts violated the plaintiffs' civil rights, the jury not only dismissed MALDEF's cynical decision to play the race card, but also provided the family members the opportunity to seek full recovery of attorneys fees.

"Smuggling of illegal aliens is a felony. Citizens who live along the border, like citizens anywhere in the country, have a right to act in such instances," stated David Hardy, a noted legal scholar and counsel for the Barnetts. "The vindication of the Barnetts should clear the way for other Americans to act responsibly without fear of specious and politically motivated lawsuits."

"It is regrettable that the Barnett family has been put through a legal ordeal for merely defending their homes," continued Hethmon. "What is more regrettable is that these conditions are allowed to persist and citizens along the border are faced with growing violence and property damage. IRLI remains committed to defending American citizens who have become the targets of such malicious and politically motivated lawsuits."

Trial photos of damages by illegal entrants to the Barnett ranch are posted at www.hardylaw.net/barnett/.

02-18-2009, 06:55 AM
Excellent! Finally something from the border that makes sense.