TUCSON, Ariz. (AP) — A federal jury found Tuesday that a southern Arizona rancher didn’t violate the civil rights of a group of illegal immigrants who claimed that he detained them at gunpoint in 2004.
 Roger Barnett and his wife. (Wick News Service file photo) |
But the jury did find him liable on four claims of assault and four claims of infliction of emotional distress and ordered Barnett to pay $77,804 in damages — $60,000 of which were punitive.
Barnett declined to comment afterward, but one of his attorneys, David Hardy, said the plaintiffs lost on the bulk of their claims and that Barnett has a good basis for appeal on the two counts on which he lost.
“They won a fraction of the damages they were seeking,” Hardy said.
All six plaintiffs are citizens of Mexico, five of whom are living in the United States with visa applications pending, and the sixth resides in Mexico but was allowed into the U.S. for the trial, said Nina Perales, an attorney with the Mexican American Legal Defense and Educational Fund. She declined to say where in the U.S. they’re residing.
Perales called the outcome “a resounding victory that sends a message that vigilante violence against immigrants will not be tolerated.”
David Urias, attorney for the plaintiffs, said his clients are disappointed with the verdict. “But I think that overall this was a victory for the plaintiffs,” Urias said.
For more than a decade, Barnett has been a controversial figure in southern Arizona. He’s known for aggressively patrolling his ranch property and along highways and roads in the area, often with his wife and brothers, on the lookout for illegal immigrants.
The plaintiffs alleged that Barnett threatened them with his dog and told them he would shoot anyone who tried to escape.
Barnett’s lawyers argued that his land was inundated with illegal immigrants who left trash on his property, damaged his water supply and harmed his cattle.
Barnett’s wife and a brother were dismissed as defendants; in addition, another 10 people initially named as plaintiffs were dropped from the proceedings.
Barnett has been known to wear a holstered 9-mm pistol on his hip and upon coming across groups of migrants, to flash a blue and gold badge resembling that of the highway patrol, with the wording “Barnett Ranch Patrol. Cochise County. State of Arizona.”
The Barnetts detain and turn over those whom they encounter to the U.S. Border Patrol. In 2006, Barnett estimated that he had detained more than 10,000 illegal immigrants in 10 years.
His actions have resulted in formal complaints from the Mexican government against what it considers vigilante actions, and in several other lawsuits, including one stemming from an October 2004 incident.
In that case, a jury awarded a family of Mexican-Americans on a hunting trip $100,000 in damages, later upheld by the Arizona Supreme Court.
Barnett’s 22,000-acre ranch, about five miles north of the Mexican border, includes private and federal lease holdings in addition to nearly 14,000 acres of state-leased land.
Barnett has contended that he began patrolling his property during the 1990s because of damage caused by illegal border-crossers. He maintained that they were tearing up his fences and water lines, carving trails with their feet, leaving trash and litter, from plastic water bottles, backpacks and clothing to food and soiled diapers.
For years, Arizona has been the busiest point along the Mexican border for illegal immigrants entering the United States.
Comments
george naviskas wrote on Mar 18, 2009 7:53 AM:
in response to the article concerning roger barnett.i am saddened to hear that any award be given to people who enter this country illegal.it is a criminal offense to enter this country.
my question is why isn't there a committee available to look at these bogas complaints and deny them in the beginning.second of all why do the mexican american activists allow these illegals to even file a complaint.these people do not have any rights as they are not american citizens.if i had my way i would kick out these bogas mexican american activists.they are the reason are courts are so boged down with these baseless complaints.we need a great wall of china to keep all these illegals out.if you want to enter our country do it the right way and apply legally.out government has spent $338 billion dollars on illegals no wonder out country is going broke. they all come here because everything is free and they expect it. social security is going broke giving these people money that they haven't given a dime to.
enough is enough.
keep up the pressure roger and god be with you and your family.
american citizen forever
my motto is and always will be" i love my county,but i fear my government the most,they lie to us every day" "
Robert May wrote on Feb 24, 2009 11:15 PM:
And the Mexican government is also complicient in breaking these laws by advising their people on how to "break in" to our country and rob it's resources.
Why are we not suing the Mexican Government for the costs of handling it's criminal export to our country. "
Cynic wrote on Feb 24, 2009 11:25 AM:
Usually, hear on the news after one of these kind of trails that in most cases involving large awards that the Appeals Courts either reduces or eliminates these Awards. "
Ray wrote on Feb 23, 2009 9:02 PM:
standswithfists wrote on Feb 23, 2009 7:31 AM:
inez wrote on Feb 21, 2009 10:10 PM:
srblue wrote on Feb 21, 2009 9:37 AM:
tia wrote on Feb 20, 2009 8:36 AM:
CHANGE IS around the corner!!! "
erin hayes wrote on Feb 19, 2009 6:50 PM: