The Illegal Alien Suit

The Illegal Alien Suit

My friend Dave Hardy was defending Arizona rancher Roger Barnett in a lawsuit filed by illegal aliens upset that they had been arrested by Barnett while trespassing on his land. It was only a partial victory, but on the really dangerous part of the suit, Barnett won. From the February 18, 2009 Washington Times:

A federal jury in Tucson ruled Tuesday that an Arizona rancher did not violate the civil rights of 16 Mexican nationals he stopped after they sneaked illegally into the United States, but awarded $78,000 in actual and punitive damages on claims of assault and the infliction of emotional distress.
The jury of four men and four women returned the verdict Tuesday afternoon in U.S. District Court in Tucson after a day and a half of deliberation. The jury, after a nine-day trial, also threw out charges of false imprisonment, battery and conspiracy against Douglas, Ariz., rancher Roger Barnett.
In a case that generated national outrage over the ability of Americans to stop illegal immigrants, most of the award - about $60,000 - was for punitive damages.
The illegal immigrants, five women and 11 men, had sought $32 million in actual and punitive damages - $2 million each - in a lawsuit brought by the Mexican American Legal Defense and Education Fund (MALDEF). The allegations were based on a March 7, 2004, incident in which Mr. Barnett approached a group of illegal immigrants while he patrolled his ranch carrying a gun and accompanied by his dog.
The ranch has become a major corridor for armed drug and immigrant smugglers.
Mr. Barnett's attorney, David T. Hardy of Tucson, described the decision as an "80 percent victory," adding that he wished he and his client "would have gotten the other 20 percent." But he said he would appeal the decision, citing what he called "solid grounds." He also said U.S. District Judge John M. Roll, who heard the case, was "scrupulously fair" during the trial.

The article goes on to remind us what sort of people Barnett arrested:

One of the 16 illegal immigrants allowed to bring the lawsuit is a convicted felon deported from the U.S. after a 1993 arrest on federal drug charges, court records show. Gerardo Gonzalez, 38, was convicted in September 1993 of possession of a controlled substance for sale and ordered deported to his home country.
In a March 2007 deposition, Border Patrol agent Manuel Rodriquez said agents ran a records check of those detained on the Barnett ranch in the 2004 incident and found that other members of the party had made prior attempts at illegal entry.

I think the government should be rewarding Barnett for doing their work for them. That assumes, of course, that our government thinks enforcing immigration laws is worth anything.

Dave discusses his work on the case--and why he thinks that they will win even the $78,000 amount on appeal, here. He also gives instructions for contributing to Barnett's legal fees:

This from a supporter of Roger: "Anyone interested in making a contribution to Roger's defense by check, please send and address funds directly to:
Roger Barnett Legal Defense Fund
1498 E. Fry Blvd.
Sierra Vista, AZ 85635
or by Credit Card: call Barnett's Towing: 1-800-722-2303
- Tell them you want to make a credit card contribution to the Roger Barnett Legal Defense Fund
- At this time, there is no mechanism for making credit card contributions over the internet."

This seems like a good idea to me!