The Estate of Anastacio Hernandez-Rojas v. United States
No. 3:11-cv-00522-L-DHB (S.D. Cal., Third Amended Complaint filed Mar. 23, 2012)

This case challenges Customs and Border Protection (CBP) and U.S. Border Patrol’s excessive use of force.  Anastacio Hernandez-Rojas died of a heart attack on May 28, 2010 near the San Ysidro Port of Entry after agents working for the U.S. Border Patrol and CBP beat him and shot him repeatedly with a Taser. Cell phone videos taken by witnesses show Hernandez-Rojas, a Mexican national and long-time San Diego resident, on the ground surrounded by agents and calling out for help.  He was 42 years old.

In this federal lawsuit brought under Bivens, the Federal Torts Claims Act, and the Alien Tort Claims Act, Hernandez-Rojas’s family alleges that his First and Fourth Amendment rights were violated when agents beat him after he asked for help, using excessive force. They also allege that their father’s death has deprived his children of their 14th Amendment due process right to associate with their father.

Eight agents and four supervisors were named as defendants in the lawsuit. They have claimed that using force against Hernandez-Rojas was justified because he posed a threat to the officers.

In September 2014, the district court denied defendants’ motion for summary judgment.  In his order, U.S. District Court Judge M. James Lorenz wrote: “The sheer number of officers available at the scene demonstrates rather strongly that there was no objectively reasonable threat to the safety of any one other than Anastasio.”

On November 6, 2015 the Department of Justice announced that it would not criminally prosecute the agents involved in his death, a decision that angered his family and border-rights advocates.

On March 30, 2017, the court issued an order approving a $1 million settlement, to be dispersed among Mr. Hernandez-Rojas’s five children.

In March 2016, Hernandez-Rojas’ family filed a complaint against the United States with the Inter-American Commission on Human Rights. The complaint alleged several violations of the American Declaration of the Rights and Duties of Man, including violation of the prohibition against torture, violation of the right to life and liberty, and failure to investigate, prosecute, and provide full reparations. On November 5, 2022, the Inter-American Commission conducted a hearing on the complaint. On February 14, 2023, Hernandez-Rojas’s family submitted a final written observation to the Inter-American Commission.

In April 2025, the Inter-American Commission of Human Rights found that the United States violated Anastacio’s rights to humane treatment, personal integrity, and life when it subjected him to the torture that led to his death.

Documents:

• Third Amended Complaint
• Order Denying Summary Judgment
• District Court Order
• Inter-American Commission Complaint
• Inter-American Commission Final Written Observations
• Inter-American Commission Final Report

Counsel: Iredale & Yoo, APC

Contact: Julia Yoo | (619) 233-1525

Additional Links:

• Hearing before the Inter-American Commission on Human Rights, Case 14.042- Anastasio Herandez Rojas v. United States (Nov. 4, 2022)
• Overview of Family Members of Anastasio Hernandez Rojas v. United States, UC Berkeley Law

Press Coverage:

• Special Report How Tasers became instruments of excessive force for the Border Patrol, LA Times (Oct. 30, 2015)
• Five Years Later, Family Still Demanding Justice In Taser Death At The Border, KPBS (May 28, 2015)
• Justice for Anastasio, ACLU (May 28, 2014)
• Faculty, Students Help Bring U.S. Law Enforcement Killing to International Stage for First Time, UC Berkeley Law (November 10, 2022)
• Interamerican Commission Hears Landmark Case of Torture and Killing by US Border Patrol, Truthout (Nov. 13, 2022)