The family of a Mexican man shot by a Border Patrol officer last year is seeking at least $10 million in a newly filed lawsuit, Courthouse News Service is reporting.
Rocks the size of basketballs
In February 2014, agent Daniel Basinger was reportedly attempting to apprehend three men attempting to cross the border illegally near Otay Mesa, among them Julian Ramirez Galindo, identified at the time by the Border Patrol as Jesus Flores-Cruz, who identified him postmortem by fingerprints from a previous deportation. Ramirez was allegedly throwing rocks at his pursuer "the size of a basketball."
Basinger responded to the rock-throwing by opening fire, fatally striking Ramirez twice.
After a brief investigation, Basinger was returned to duty less than a week later.
Did Border Patrol violate the Bane Act?
The family's complaint makes no mention of the alleged rock-throwing, instead insisting Basinger denied medical treatment after shooting and subduing Ramirez. They accuse the agent and the U.S. government of "assault and battery, unreasonable search and seizure, excessive force, denial of medical attention, government liability, negligence and violation of California's Bane Act."
Previous rock-thrower hid in tree
The case is not the first Border Patrol-involved shooting to stem from a rock-throwing incident to elicit legal action. In 2013, the widow of another man attempting to cross the border illegally sued the agency and its agents for killing her husband, who had allegedly hidden in a tree and attempted to throw rocks at agents in the process of arresting a companion.
Years later, the prior case is still awaiting trial after a judge refused to exclude both the agent involved and federal officials.