Illegal immigrant Jose Manuel Marino-Najera is suing the Border Patrol over dog bites he sustained after entering America illegally and carrying drugs into the country. Marino-Najera claims his human rights were violated after United States Border Patrol officers unleashed canine agents on him before he was arrested on a "cartel controlled" section of the Mexican border.
Jose Manuel Marino-Najera reportedly became an illegal immigrant after choosing to have coyotes – a slang term for human smugglers - help him get across the U.S. border with Mexico. To garner the help of the coyotes, Marino-Najera allegedly had to agree to tote a large bag full of marijuana for the drug cartel.
A band of illegal immigrants made it into Arizona and reportedly decided to get some rest beneath a tree while recovering from alleged dehydration. Jose Manual Marino-Najera and his fellow border crossers fell asleep under the Arizona tree and were awakened only after a Border Patrol dog bounded onto the scene and began sniffing at the bags of marijuana.
Marino-Najera claims a Border Patrol dog was "mauling" his hand as he woke up and saw the agents. The illegal immigrant alleges that the U.S. Border Patrol agents ignored his cries and shouts for help, allowing the dog to "tear apart" his hands for "several minutes." According to the lawsuit claims by the illegal alien, the Border Patrol agents did not call off the dog until they walked over to arrest him.
The Border Patrol lawsuit also claims that a fellow illegal immigrant watched the agents ignore Jose Manuel Marino-Najera being attacked by the dog. Because the canine was aiding the Border Patrol in their law enforcement duties, Marino-Najera claims that he deserves compensation from the federal government (i.e. taxpayers) for his injuries.
Bill Riser, the illegal immigrant's attorney, maintains that Jose Manuel Marino-Najera is entitled to sue the Border Patrol and the federal government because the alleged injuries occurred on American soil. During a very adversarial interview with Fox News' Neil Cavuto, Bill Riser said that the illegal act of coming into America, coupled with the drug mule activity, has no bearing on his client's standing to file a lawsuit against the Border Patrol.
Cavuto, appearing more than a bit flabbergasted during the exchange with Bill Riser over the illegal immigrant lawsuit, asked, "If I break into your house and fall and hurt my foot because I tripped over something while going to steal jewelry in an upstairs bedroom, can I sue you for my injuries?" Bill Riser told him no, he could not sue for any injury incurred during the commission of a crime. Cavuto pressed the point further, maintaining that suing for injury which happened during the commission of a crime is exactly what the Jose Manuel Marino-Najera Border Patrol lawsuit seeks to accomplish. Riser continued to disagree.
What do you think about the illegal immigrant suing the Border Patrol over dog bites?
[Image via: Tuscon Sentinel]