A U.S. magistrate judge in Tucson is recommending the district court grant a motion to dismiss regarding certain portions of the civil case against Border Patrol agent Nicholas Corbett, although some of those parts could end up being amended in the future.
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In December 2008, the victim’s parents, Renato Ariza Dominguez and Maria Clara Leonor Rivera Cordero, filed a claim against Corbett alleging violations of civil rights and the U.S. Constitution. In August 2009, the plaintiffs filed a federal tort claim against him and the U.S. government. Both cases were consolidated the following month.
The U.S. government filed motions to dismiss certain portions of the case. A hearing on the matter was held July 28 in Tucson. Federico Sayre, counsel for the plaintiffs, and Janet Martin, defense attorney for the U.S., made oral arguments. Magistrate Judge Bernardo Velasco issued a report dated Thursday.
Regarding the federal tort claims act complaint, Velasco recommends dismissal without prejudice, meaning the items could be amended and re-filed, as to a negligence claim and as to a portion that alleges “policy-making defendants promulgated policies and practices condoning misconduct, criminal activity and constitutional violations.”
Velasco also recommends dismissal with prejudice, meaning they can’t be amended, as to a portion of the federal tort claims act complaint alleging a constitutional tort as well as claims of negligent hiring, supervision and retention. And he recommends dismissal with prejudice of a claim of supervisory responsibility.
The parties may object to Velasco’s recommendations. If a District Court judge accepts the recommendations, then appropriate amendments can be filed.
Meanwhile, the suit also alleges that Corbett intentionally shot Dominguez-Rivera and that he battered the victim. Those claims are not being contested.
Corbett was charged criminally and went on trial twice in 2008 in Tucson, but the case was dismissed due to hung juries.
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