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Mixed Verdict Over Migrants’ Run-In With Rancher

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Arthur H. Rotstein, AP, February 17, 2009

A federal jury on Tuesday rejected several claims by a group of illegal immigrants who claimed a southern Arizona rancher detained them at gunpoint, but found the rancher liable for assault and infliction of emotional distress.

The eight-member civil jury found that Roger Barnett didn’t violate the immigrants’ civil rights in 2004, and it rejected claims of battery and false imprisonment. For the remaining claims Barnett was ordered to pay $77,804 in damages—$60,000 of which were punitive.

Barnett declined to comment, 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 counts he lost.

{snip}

David Urias, attorney for the six Mexicans who sued, said his clients were disappointed, “but I think that overall this was a victory for the plaintiffs.”

Nina Perales, an attorney with the Mexican American Legal Defense and Educational Fund, called it “a resounding victory that sends a message that vigilante violence against immigrants will not be tolerated.”

For more than a decade, Barnett has been a controversial figure in southern Arizona. He’s known for patrolling his ranch property and area highways and roads, often with his wife and brothers, on the lookout for illegal immigrants.

{snip}

Five of the plaintiffs are living in the U.S. with visa applications pending, and the sixth resides in Mexico but was allowed into the U.S. for the trial, Perales said. She declined to say where in the U.S. they’re residing.

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. His 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’s wife and a brother were dismissed as defendants; in addition, another 10 people initially named as plaintiffs were dropped from the proceedings.

{snip}

[Editor’s Note: An earlier story concerning this lawsuit can be read here.]

Original article

(Posted on February 18, 2009)

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Comments

1 — Carolinayankee wrote at 5:46 PM on February 18:

Could Mr. Barnett turn around and sue the federal government for not protecting his property and bill them for all the damages sustained all these years?

How much do you want to bet that the “punative damages” were a deal between the illegals’ lawyer and the judge. This is the only way she would get paid for her services.

2 — Anonymous wrote at 5:59 PM on February 18:

“His 22,000 acre ranch…”
The rancher has learned what others will need to. In the coming deluge of humanity, you will only be able to keep what you can protect. And my thinking is that 22,000 acres is going to be a hard job, even without the Feds stepping on your toes and getting in your way.

3 — Peejay in Frisco wrote at 5:59 PM on February 18:

Barnett should take a more passive approach in apprehending these illegals.Set up hidden cameras. Keep a hotline to the Border Patrol.He was trying to do too much on his own.

4 — Howard wrote at 6:49 PM on February 18:

Basically an American court just ruled that Americans can no longer defend themselves. It’s 100% open season on all White Americans. The American government is hell-bent on destroying White Americans and turning us into a 3rd world slave race. Think about that the next time you look at “Old Glory”.

5 — Oldman wrote at 6:58 PM on February 18:

It has long been a principle of law that nothing can be kept or gained by someone from a crime. Awarding anything to the illegally present Mexican trespassers is a reward for their crime of illegal presence and trespass. A friend who is a lawyer says that there is still a Federal law that says this.
The Mexicans were trespassing and therefore illegally present.
Someone ask the lawyer why he has not brought this up and also why he did not charge the Mexicans with violations of the ranchers peace, rights to land and use and the rancher’s civil rights ?
Has there been some new law that allows stolen or illegally obtained gains to be kept ? If there is what is to stop someone from stealing your car and keeping it ?
Please explain this to me ?

6 — OnGuard wrote at 8:27 PM on February 18:

Why can’t the federal government or even the President be sued for failure to defend our borders? The Constitution defines protecting and defending our borders against invasion as one of the most basic duties of the executive branch.

7 — Whiteplight wrote at 9:06 PM on February 18:

I hope that Roger Barnett wins his appeals because it will be an outrage if he pays a cent to these illegals who had no business in this country or on his property. If he looses one bit of it, this will be a signal that we are on our own and the government has ceased to fulfill one of its basic duties for its citizens. It may be one case, but this is being taken by both sides as a prescident.

8 — GetBackJack wrote at 9:51 PM on February 18:

Who were these jurors? I’d love to know the racial makeup of the jury. So, the message here is you can’t defend your property. I cannot understand this verdict. The illegals are entitled to nothing. In fact, they owe Mr. Barnett far more than the judgment and the U.S. Government owes Roger Barnett the millions the illegals were originally looking for.

The chances are extremely high that this case is just another by-product of the Civil Rights Act of 1964 and the Immigration Reform Act of 1965.

9 — Border Patrol wrote at 9:56 PM on February 18:

U.S. residents currently living on or near the border of Mexico have been forced to defend themselves many times in the last few years. The U.S. government has absolutely no concern whatsoever for these men, women and children even though they are being physically attacked, their homes are being looted and destroyed and when they attempt to defend themselves they are forced to deal with the very biased U.S. Court System and Government.

I wonder who put the thought in the heads of these Mexicans (who could probably barely speak English and who probably have very little education) that they could sue this Arizona rancher? Don’t you wonder?

10 — ice wrote at 10:28 PM on February 18:

The rancher and his lawyer was on O’Reilly tonight, and it was mentioned by his lawyer that the Racher didn’t have to pay the plaintiff’s legal fees. Also, the lawyer said two torts were raised during the procedings for which are grounds to sue those who got the monetary settlement.

Also, there are two points that could well nullify the decision on appeal.

11 — Bobby wrote at 10:38 PM on February 18:

Some websites and other news sources are saying that the verdict towards Mr. Barnett of innocense in not violating the illegal aliens rights,(as absurd as that is) was a positive outcome.

NO IT WAS NOT. MR. BARNETT GOT SCREWED BIG TIME BY THE COURT, IN MY OPINION. After all he has gone through with the thousands of illegal aliens tramping across his land and stealing his equipment, ruining his fences, and disrespecting his private property, HE SHOULD HAVE RECEIVED AN APOLOGY, NOT A PENALTY. The outcome was a gross miscarriage of justice against Barnett.

12 — Southern Hoosier wrote at 6:15 AM on February 19:

The Supreme Court earlier ruled that the government can seize your property for what ever reason. This is just one more nail to end private ownership in this county.

I guess if a bunch of illegals show up on your doorstep, you had better invite them in and make the feel at home.

13 — Sardonicus wrote at 11:46 AM on February 19:

For the remaining claims Barnett was ordered to pay $77,804 in damages—$60,000 of which were punitive.

$77,804 for illegal aliens (possible former drug dealers) hurt feelings? So it’s against the law for a man to defend his own property from theft? It looks like the Constitution is history.

14 — Wayne wrote at 12:43 PM on February 19:

” infliction of emotional distress”: the rancher was ordered to pay $77,804 in damages—$60,000 of which were punitive.
This is outrageous. I also found that Roger Barnett was sued a couple of years ago by the SPLC. In that case the Southern Poverty Law Center sponsored the lawsuit calling Barnett a border vigilante .
http://www.splcenter.org/intel/news/item.jsp?aid=93

15 — Anonymous wrote at 7:25 PM on February 19:

America has lost it’s mind. A man can’t protect his family, home and property from illegal invaders, without being called a vigilante and sued.

16 — SKIP wrote at 1:18 AM on February 20:

Surprisingly, I saw this on FOX news tonight (Thur)

17 — WR the elder wrote at 1:45 AM on February 20:

Our government is insane. A rancher can’t even stop people from trespassing on his property anymore. You’re not even allowed to cause “emotional distress” to law breakers anymore.

18 — Unemployed WASP wrote at 2:47 PM on February 23:

In my opinion, Mr Barnett should have been warmly congratulated for defending his propery against illegal trespass and the entire case thrown out of court.


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