J.I. v. USA, Case No. 1:18-at-00185 (E.D. Cal., filed March 15, 2018)
In the summer of 2016, J.I., a minor, traveled from Guatemala with her older sister to reunite with their mother in the United States. The sisters became lost in the area near the Presidio, Texas and Ojinaga, Chihuahua border. Afraid and thirsty, the sisters flagged down Border Patrol agents for help. The sisters were then taken into custody.
Once J.I. was in custody, a Border Patrol agent removed her from the cell she was in with her sister and took her to a small room, where he forced J.I. to remove her clothing and expose her breasts and genitalia. He then assaulted and battered J.I..
On March 21, 2017, J.I. submitted an administrative claim to the U.S. Department of Homeland Security (“DHS”) and U.S. Customs and Border Protection (“CBP”), as required under the Federal Tort Claims Act (“FTCA”) . In a letter dated September 27, 2017,CBP replied for all named agencies and denied in full the administrative tort claim.
On March 15, 2018, the ACLU of Northern California filed an FTCA lawsuit against CBP alleging assault and battery, false imprisonment, intentional infliction of emotional distress, and negligence . The lawsuit also includes constitutional claims (violations of the Fourth and Fifth Amendments).
Counsel: ACLU of Northern California
Contact: Julia Mass| ACLU of Northern California |firstname.lastname@example.org