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Offlinewyrdjoy23
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Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him
    #20966759 - 12/12/14 12:55 PM (9 years, 5 months ago)



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Quote:

A Mexican man arrested while crossing into the United States with marijuana in his bag has filed a lawsuit against the country, alleging that a Border Patrol dog bit him.

Jose Manuel Marino-Najera was attempting to cross into the U.S. in June 2013 with a group of drug smugglers who – he said – offered to help him out for free if he carried a backpack filled with marijuana across the border.

The 31-year-old father of one, who had been working on a grape farm worker in Cabroca, a border city on the Mexican side of the Sonoran Desert, was trying to make it to New York, where he allegedly had a job opportunity.

After crossing into Arizona through an undesignated port of entry, Marino-Najera reportedly fell asleep due to dehydration under a tree — and was allegedly woken up by a patrol dog mauling his arm. His lawyer claims the agents did nothing while the K-9 dogs were chewing on him.

Last week, Marino filed a lawsuit against the United States in federal court in which he claims Border Patrol agents stopped another man in his group on June 21, 2013 and their unleashed dog ran to him.

According to the suit, the agents “ignored his cries for help,” allowing the dog to bite his arm for several minutes before putting the K-9 back on the leash. Marino-Najera claims the already apprehended member of the group witnessed the incident.

Since the Border Patrol agent handling the K-9 was acting within his duties as an employee of a federal government agency, the lawsuit claims the United States is liable for Marino's medical expenses, loss of income, severe pain, and emotional suffering caused by the assault.

Bill Risner, Marino-Najero’s attorney, told Fox News' Neil Cavuto that although his client is not a U.S. citizen, he can still sue for damages because he was in the country at the time of the alleged attack.

"Every person who is in the United States has the same right, whether you are a citizen not-citizen, here legally or -illegally, so they can’t have a dog chew on someone regardless of whether they are documented, undocumented, however they are here, the same treatment is owed to everybody," Risner said.

After his conviction, Marino-Najera spent six months in jail. His lawyer said that should be punishment enough for his actions.

"It is a nation of laws, and the laws say you are punished for your illegal conduct but the police aren’t allowed to club you over the head if they don’t need to or shoot you or have a dog chew on your arm," he said.

But Cavuto seemed to disagree, saying if Marino-Najera was hurt during a commission of a crime, the U.S. should not be held liable.

"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," Cavuto said, "can I sue you for my injuries?”

Border Patrol has not commented on the case.



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OfflineSleepAid
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: wyrdjoy23] * 1
    #20967147 - 12/12/14 02:48 PM (9 years, 5 months ago)

Quote:

"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," Cavuto said, "can I sue you for my injuries?”




This has literally happened before.


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Offlineencryptor
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: SleepAid]
    #20967917 - 12/12/14 06:02 PM (9 years, 5 months ago)

The police are definitely responsible and this Mexican will win the lawsuit.  The issue is about work ethics and the oath policemen and women take to protect the people.

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InvisibleEastBayRay
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: SleepAid]
    #20967925 - 12/12/14 06:04 PM (9 years, 5 months ago)

There is the possibility that what he's saying is true.  We've all seen police do some wretched things and overstep their legal bounds.  This may have been one of those times. 



Edited by EastBayRay (12/12/14 11:28 PM)

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InvisiblezZZz
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: wyrdjoy23]
    #20968280 - 12/12/14 07:41 PM (9 years, 5 months ago)

fucking scum bag lawenforcement, they do this to their own citizens too, they let the dogs maul u for a bit and they just stand there and look. they're worse than than their animal dogs.

even tho it's a strange occurrence it's good to hear when people stand up to them the right way.. it's a crime against humanity, what the mexican citizen did was simply a crime against a few assholes.


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Offlines240779
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: SleepAid]
    #20969816 - 12/13/14 02:29 AM (9 years, 5 months ago)

Quote:

"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," Cavuto said, "can I sue you for my injuries?”




That's a very poor comparison because the officers were perfectly capable of stopping the dog and they didn't. Taking the opportunity to allow someone to be hurt is much different from the person having some kind of accident. Stupid mean-spirited people and their logic.

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Invisiblesomething super extreme
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: wyrdjoy23]
    #20969897 - 12/13/14 04:09 AM (9 years, 5 months ago)

Being mauled by a police dog would appear to be an occupational hazard for someone in Jose's line of work.
Attempting to sue over it is hilarious, ridiculous, and utterly dumbfounding. That you all are so quick to rush to his defense is even more appalling and bemusing.

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Offlineencryptor
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: something super extreme]
    #20974122 - 12/14/14 07:16 AM (9 years, 5 months ago)

it can't be an occupational hazard because the Mexican doesn't work in the USA...there's a witness, whether or not he's also a criminal, he witnessed an inhumane moment when the cop could've stopped his dog, but decided to let it continue.

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OfflineFractal420
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: SleepAid]
    #20974347 - 12/14/14 08:48 AM (9 years, 5 months ago)

Quote:

SleepAid said:
Quote:

"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," Cavuto said, "can I sue you for my injuries?”




This has literally happened before.




It's in the movie "Liar Liar"


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OfflineSleepAid
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: Fractal420] * 1
    #20974445 - 12/14/14 09:22 AM (9 years, 5 months ago)

Quote:

Fractal420 said:
Quote:

SleepAid said:
Quote:

"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," Cavuto said, "can I sue you for my injuries?”




This has literally happened before.




It's in the movie "Liar Liar"




It was also in real life:

"Ricky Bodine was a 19-year-old high-school graduate who, with three other friends (one of whom had a criminal record), decided the night of March 1, 1982, to steal a floodlight from the roof of the Enterprise High School gymnasium. Ricky climbed the roof, removed the floodlight, lowered it to the ground to his friends, and, as he was walking across the roof (perhaps to steal a second floodlight), he fell through the skylight. Bodine suffered terrible injuries to be sure, though one questions the relevance: if the school is legally responsible for burglars’ safety, it doesn’t matter whether Bodine stubbed a toe or, as actually happened, became a spastic quadriplegic. But I fail to see what it is that reformers are supposedly misrepresenting. A burglar fell through a skylight, and sued the owner of the skylight for his injuries. Bodine sued for $8 million (in 1984 dollars, about $16 million today) and settled for the nuisance sum of $260,000 plus $1200/month for life, about the equivalent of a million dollars in conservatively-estimated 2006 present value."

There's multiple other similar cases, it takes a second to get to the ones that arent hoaxes though.

Here's a similar but just plain whacky case about a burglar SHOOTING the homeowner in the face, homeowner shoots him back 3 times, burglar opens a lawsuit

http://www.dailymail.co.uk/news/article-2223125/90-year-old-shot-face-burglary-SUED-burglar-World-War-Two-veteran-fired-back.html


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InvisibleEnlilMDiscord
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: something super extreme]
    #20975127 - 12/14/14 12:08 PM (9 years, 5 months ago)

Quote:

sVs said:
Being mauled by a police dog would appear to be an occupational hazard for someone in Jose's line of work.
Attempting to sue over it is hilarious, ridiculous, and utterly dumbfounding. That you all are so quick to rush to his defense is even more appalling and bemusing.



Being shot by a robber is an occupational hazard of working the night shift at 7-11.  Does that mean the robber isn't legally responsible?

Your logic is laughable.


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Invisiblefoodsgoodtoo
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Re: Man who crossed border with drugs sues U.S. after claiming Border Patrol K-9 mauled him [Re: Enlil]
    #20976980 - 12/14/14 08:28 PM (9 years, 5 months ago)

those dogs do have attitudes though like wtf prejudice is easy to flow with.


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Edited by foodsgoodtoo (12/14/14 08:29 PM)

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