On March 18, 2010 Major Richard Rynearson, an active duty air force pilot, was illegally detained for over 34 minutes at an internal immigration checkpoint near Uvalde, Texas despite answering all immigration related questions and showing multiple forms of identification to Border Patrol agents. Agents who were far more interested in harassing Mr. Rynearson than verifying his immigration status. Instead of disciplining his subordinates for violating Border Patrol legal guidance, violating the law and violating Mr. Rynearson's rights, Chief Patrol Agent Robert Harris (depicted below) doubled down by writing a letter to Rynearson's command complaining about Rynearson actually exercising some of those rights Harris is responsible for protecting.
Back in 2010 and 2011, I posted several articles regarding a decorated military field grade officer who was illegally detained and harassed by armed Border Patrol agents at an internal CBP checkpoint near Uvalde, Texas. During that encounter, the military officer was not only illegally detained and harassed at the checkpoint but was also harassed at work when agents called his military command regarding the encounter and when the Chief Patrol Agent for the Del Rio Sector, Robert L. Harris, wrote a letter of complaint to his commanding officer months after the fact.
Several weeks ago, I did an email interview with Claire Wolfe regarding my recent checkpoint lawsuit settlement along with a few related issues. Claire published the results of that Q&A session in two parts on her blog over at Living Freedom hosted by Backwoods Home Magazine.
3,451 days after being seized, detained, dragged out of my vehicle & arrested at an illegal general law enforcement roadblock conducted by Tohono O'odham Police Dept. officers with the assistance of Senior Special U.S. Customs agents along with dozens of U.S. Border Patrol agents, Checkpoint USA's lawsuit has finally settled for $210,000 exactly 3,087 days after it was filed.
Since first drafting this blog entry in late May, significant developments have arisen regarding this lawsuit. I'll be writing about this in more detail soon but for now please note that previously reported trial dates have been vacated.
In broad terms, a Motion In limine is a written request to a judge prior to the start of trial requesting that he/she take some action/make a ruling regarding how the trial will be conducted. Most common however, Motions in limine are written requests to the judge to disallow certain testimony or evidence from being presented to a jury during trial. For purposes of this blog entry and my ongoing civil rights lawsuit, this latter description is the one that applies here.
As previously reported, the final pretrial conference in my nine year running civil rights lawsuit against several Tohono O'odham police officers for conducting an illegal checkpoint operation in December of 2002 was held on March 19, 2012.
At 1400 on Monday March 19, 2012 the final pretrial conference for my ongoing civil rights lawsuit will take place at the Tucson Federal District Court. The joint pretrial order was filed with the court on February 22nd and the court issued the order for pretrial conference on February 23rd. At some point after the pretrial conference, we will learn the dates of the actual trial.
After more than eight long years, hundreds of legal documents later and several court challenges (including a reversal by the 9th circuit court of appeals), Checkpoint USA's lawsuit is finally being scheduled for trial after being launched in December 2003 against an illegal checkpoint operation conducted in December of 2002.
For those interested, I've recently added 41 legal documents to the website regarding ongoing Checkpoint USA civil rights lawsuit activity this year. From the document timeline, the newly added docs start at #181 and run through #222. Most of the documents cover recent discovery and summary judgment motions, attachments, statements of fact, exhibits, etc from the last few months that I'll be covering in greater detail in future blog entries. In this article however, I'll only be reviewing a joint status report and our 4th amended complaint from April and May of this year respectively. For those interested in the raw documentation however, the website is now up to date with all the most pertinent lawsuit documentation.
It's been a busy year for me, both personally & professionally, which is why you haven't seen much activity on these pages lately. Fortunately the dust is beginning to settle allowing me some much needed time to get caught up on various projects. One of the first things I intend on getting caught up on is the status of my ongoing civil rights lawsuit which has seen a fair amount of activity this year.
The lawsuit stemmed from a checkpoint incident I was involved in way back in December of 2002. My last formal update on this lawsuit took place in August 2009, shortly after winning a significant victory in the 9th Circuit Court of Appeals that re-instated the lawsuit after being dismissed by Tucson District Court Chief Judge John Roll. The 9th Circuit also imposed significant limitations on tribal traffic enforcement operations along state right-of-ways running through tribal land that hadn't been in place prior to their ruling & made it clear a tribe's normal power of exclusion for non-tribal members doesn't apply in these areas either.
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Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.
While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.
My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.
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