Cervantes v. United States et al., No. 4:16-cv-00334-CKJ (D. Az., filed June 8, 2016)
On June 8, 2016, Plaintiff, a teenage U.S. citizen, filed a law suit under Bivens, the Federal Tort Claim Act, and 42 U.S.C. 1983 seeking redress for seven hours of abusive and degrading searches and strip searches by Border Patrol agents. The complaint alleges that Plaintiff was walking home after eating breakfast in Nogales, Sonora when a Border Patrol agent accused her of carrying drugs. She was then directed to a detention room, handcuffed to a chair, sniffed by dogs, and strip-searched by female agents. After no drugs were found, CBP agents brought her to Holy Cross Hospital, in handcuffs, where hospital staff subjected her to invasive pelvic and rectal exams while CBP agents observed.
On October 24, 2016, the Government filed their answer to the complaint.
On February 7, 2017, the government filed a motion to dismiss Plaintiff’s Bivens Claims against Defendant Patrick F. Martinez, M.D. On February 21, 2017, Plaintiff filed a response to Defendant Martinez’s motion to dismiss. Subsequently, Defendant Martinez withdrew his motion to dismiss on February 28, 2017. Parties are currently completing discovery.
Counsel: Brian Marchetti, Marchetti Law PLC and Matthew C. Davidson | Law Offices of Matthew C Davidson Limited