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Tag: lawsuit

Federal Judge Criticizes DEA Agents for Questionable Tactics Dealing with Pipe Shops

DEALetterHatBy Steve Neavling
ticklethewire.com

A judge admonished questionable tactics by the DEA to shut down a dozen pipe shops in Oklahoma City and Tulsa.

In a lawsuit filed in federal court, the owners of Ziggyz pipe shops said the DEA threatened his landlords in an attempt to force the stores to close, the Tulsa World reports. 

The judge did not like that tactic.

“The government may not attack what it views as illegal activity by simply putting someone out of business, through ‘leaning’ on their landlords or customers or other backdoor means,” U.S. District Judge Joe Heaton wrote in an order dated Aug. 18.

Under the judge’s order, federal agents are prohibited from contacting Ziggyz landlords or seeking forfeiture proceedings.

Mother Sues Border Patrol After Son Fatally Shot in Back of Head

Jose Arambula/Pima County Sheriff's Department

Jose Arambula/Pima County Sheriff’s Department

By Steve Neavling
ticklethewire.com

A mother is suing Border Patrol after an agent killed her son south of Tucson last year.

The Arizona Daily Star reports that Elisa Beckel filed suit in federal court Friday, claiming she “has lost the love, affection, companionship, care, protection and guidance since the death” of Jose Luis Arambula.

Arambula was shot in the back of the head by Border Patrol Agent Daniel Marquez during a chase through a pecan grove.

The agent said he fired the gun because Arambula gestured as if he, too, had a gun and was about to shoo.

Marquez struck Arambula once, firing nine times.

Arambula died at the scene.

Six Men on No-Fly List Want Judge to Examine FBI’s Terrorism Assessments

Airport crowdBy Steve Neavling
ticklethewire.com

How does the FBI decide who goes on the no-fly list?

That’s the question at the center of a lawsuit by six men who were placed on the no-fly list, The Oregonian reports. 

Their lawyers are asking a judge to review how the federal government determines who is placed on the list and whether that determination aligns with threats to commercial airlines or national security.

The government “offers no evidence whatsoever about the accuracy of their predictive model, any scientific basis or methodology that might justify it, or the extent to which it might result in errors,” the lawyers argue.

The Justice Department in late May said the determination to place people on the no-fly list is based on “reasonable suspicion” that they pose terrorism threats.

“The government has taken concrete steps to balance the liberty of suspected terrorists with the serious national security concerns protected by the No-Fly List,” they wrote.

Family of Dead Former Cop Drops Lawsuit over Alleged FBI Framing

fbi badgeBy Steve Neavling
ticklethewire.com

A trial in federal court ended abruptly Wednesday after a family suing an FBI agent for allegedly framing the late,  ex-cop Gary Engel in a 1984 kidnapping plot,   dropped the lawsuit.

The son of Engel dismissed the suit against retired FBI Agent Robert Buchan on what would have been the third day of the civil trial, the Chicago Tribune reports. 

The decision to drop the suit came after lawyers for the agent said that Engel’s brother was willing to sign an affidavit, saying he had implicated his sibling in the kidnapping.

The brother, Rick, said Engel came home from a trip to Missouri in 1984 and made the admission.

The family, however, reached a $3 million settlement this week with the village of Buffalo Grove, which also was a defendant in the suit. An attorney for the family said the suit was “sufficient justice.”

Engel was sentenced to 90 years for the 1984 case and served 20 years before he was released after it came to light that a key witness against him, Missouri mobster Anthony Mammolito, had been paid $500 by Buffalo Grove police.

The Tribune reported that Engel’s lawsuit against the FBI was pending in October 2012 when he was arrested as part of a plot to kidnap a suburban businessman.

A few days after that arrest, Engel was found hanged in his jail cell.

 

Sister of Kidnapping, Murder Suspect Files Claim Against FBI for Killing Brother

fbi logo largeBy Steve Neavling
ticklethewire.com

The sister of a man killed in the Idaho wilderness after authorities said he abducted a 16-year-old girl and killer her relatives is suing the FBI for $20 million, saying her brother never got a fair trial, the Associated Press reports. 

The attorney of Lori DiMaggio Robinson filed a claim with the FBI Thursday and plans to soon file suit.

“We need a lot more information,” attorney C. Keith Gree said. “We need to know why the officers felt like they were being targeted and to find out if they truly were in harm’s way.”

James DiMaggio, 40, was killed in August 2013 after triggering a massive manhunt.

He was shot six times after the FBI said he fired rifle shots as a rescue attempt was underway.

“The FBI agents’ unprivileged use of force therefore constitutes an assault and battery against DiMaggio, leading to DiMaggio’s wrongful death under Idaho law,” attorneys stated in the claim. “None of the agents present sought to intervene to prevent the excessive force, though able.”

Oscar-Winning Director Sues Justice Department for Public Records of Her Airport Datainments

Laura Poitras

Laura Poitras

By Steve Neavling
ticklethewire.com

Oscar-winning Laura Poitras is suing the Justice Department and other federal agencies after they have denied her access to public records documenting the dozens of times she said she has been questioned and searched at airports, Variety reports. 

The “Citizenfour” director claims in the lawsuit that she has been detained every time she entered the country from 2006 to 2012 to work on her documentary.

Fed up with being targeted, she filed a Freedom of Information Act request to obtain records about those incidents.

She said that her requests have been virtually ignored.

Federal Judge: Mother of Mexican Teen Killed by Border Patrol Agent May Sue U.S.

Border PatrolBy Steve Neavling
ticklethewire.com

A federal judge has ruled that the mother of a Mexican teen killed in a cross-border shooting by a Border Patrol agent may sue the government, the Desert News reports.

U.S. District Court Judge Raner C. Collins denied the government’s motion to dismiss the case on the grounds that the victim, a Mexican resident, was not protected by the U.S. Constitution.

In a similar case, a federal appeals court came to the opposite conclusion.

“The Court finds that, under the facts alleged in this case, the Mexican national may avail himself to the protections of the Fourth Amendment and that the agent may not assert qualified immunity,” Collins wrote.

Border Patrol agent Lonnie Swartz fatally shot 16-year-old Jose Antonino Elena Rodriguez for allegedly throwing rocks across the border .

FBI Investigates Death of Man Shot Multiple Times with Taser at Border Crossing

By Steve Neavling
ticklethewire.com

The FBI is investigating whether CBP agents went too far when they shot a man multiple times with a Taser at a San Ysidro border crossing, the San Diego Union-Tribune reports. 

Francisco Cesena died after of cardiac arrest caused in part by multiple Taser shots after authorities said he attacked them. According to the federal government, Cesena was wanted on a warrant and attacked agents when they tried to arrest him.

An autopsy revealed seven pairs of puncture marks from a Taser. CBP’s use of force policy bars agents from delivering more than three “cycles” from an electronic weapon.

CBP declined to comment.