Roger Barnett is an Arizona rancher who has had enough. Barnett was tired of illegals crossing his land, which lies near the Mexican border. Illegals broke into his house, stole his property and killed his calves.
Of course, the US government, first under Clinton, then under Bush and now under Obama, did nothing.
So Barnett started stopping illegals that were crossing his land and called the Border Patrol to come and pick them up. This offended liberal groups like the Mexican American Legal Defense Fund (MALDEF) and they decided to do something about it.
On March 7, 2004, Barnett was on his 22,000-acre ranch when he encountered a group of illegals. He stopped them and then called the Border Patrol, which came and picked them up.
The illegals claimed that Barnett threatened them and threatened to have his dog attack them. MALDEF, which lobbies and litigates for open borders, jumped into the fray and filed a $32 million dollar lawsuit against Barnett. Most of the lawsuit was rejected by the jury, but in the end, they did award the illegals $87,000.
Just so everyone has the facts straight; a group of illegals enters this country illegally, trespasses onto a rancher’s land, is stopped by the rancher and turned over to the Border Patrol and the illegals get to sue the rancher and get a verdict against him.
The Ninth Circuit Court of Appeals just affirmed the $87,000 judgment against Barnett. Barnett’s attorney said he is going to ask for a rehearing in front of the Ninth Circuit. If that does not succeed, Barnet does have the option of appealing to the Supreme Court. Given the Ninth Circuit’s record in front of the Supreme Court, that might be the best option.
Regardless of what happens in the Barnett case, it does represent a disturbing trend that liberal groups are using in the illegal immigration war. They are using the tactic of lawfare.
Lawfare is simply the tactic of suing someone and running their legal costs up so high that they are either bankrupted or forced to agree with whatever the liberal group wants. This is a favored tactic of the ACLU, which can often claim hundreds of thousands of dollars in attorney’s fees if they prevail in front of a liberal federal judge.
The more serious story here is why are illegal’s allowed sue in this country? They violated the law to enter the country and now they can participate in jackpot justice.
In Arizona a few years ago, two illegals sued a rancher who helped detain them. He was unable to defend himself in the suit and they ended up with his ranch.
As we fight illegal immigration, one of the things we need conservatives to do in Congress is to help restore some meaning to American citizenship. They can do this by restricting access to the courts by those who are in this country illegally. A statute that says in order to be a plaintiff in any civil litigation, a person must be either an American citizen, a permanent legal resident or have some other type of legal status. If you are in this country illegally, that is too bad. You should not have been here in the first place.
We can only hope that Roger Barnett is able to take his case to the Supreme Court and there receive the justice he has been denied in lower courts.
HOPE HE HAS THE $$$$ TO DO IT
I AM SICK OF HOME LAND MUST BE SOMEWAY TO GET HER OUT OR DEFUND HOME LAND THEIR PICKING ON AMERICANS
AND I AM SURE IT WAS NOT DESIGNED THAT WAY
Interesting! A Google search for "lawsuit injury while engaged in illegal activity" returns no clear answer!
Anybody know a lawyer?
The more I hear everyday, the more outraged I become. How long are we going to sit back and put up with the deliberate and dedicated destruction of our country and our lives?
Where is OUR outrage?
I'm with you! I'm outraged! Can you even begin to imagine the outrage and frustration Mr. Barnett must be feeling?!
Have you seen pictures of all the filthy litter that is left by these illegals? It's disgusting! The whole situation
Mitchell that is just what Berry wants us to do so he can call out his red army like Iran did to take more control over America with his MB army... He is just looking for any reason to turn them loose on the people then we will be like Egypt an all Infidels will be taken out...
as much as i would love to i think the admin wants us to.
i think they will see, all of us together and get a idea how meny people are really involed.
i would love to bring the gov, too their knees
and get them out we have to.
i hope we can manage until 2012 if i had my way i would stop all this none since it
stressing us all out, each day something new. am ready to have a nervice break down
ever wonder how menay time you go out, and break a fed law and not even know it because theirs so meny??????? hard enought to keep track of or own state laws.
this is mess up