FTCA Administrative Claim of CBP Sexual Assault (filed on June 9, 2021)

Janine Bouey is a U.S. Army Veteran who traveled to Tijuana for a dental appointment. On the way back, she crossed back into the United States through the pedestrian lanes of the Otay Mesa Port of Entry. Even though she had a U.S. passport, a male Customs and Border Protection (CBP) officer asked her questions in a flirtatious and pushy tone. After Ms. Buoy refused to give him her home address, the officer pulled her out of line. While she was detained at the Port of Entry, female and male CBP officers sexually assaulted her under the pretext of a cavity search. Eventually, CBP released her.

Ms. Bouey filed a Federal Tort Claims Act (FTCA) complaint stating CBP had no reasonable basis to assault, humiliate, and degrade her. The administrative complaint alleges claims for sexual assault, assault, battery, false arrest, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, Bane Act violations, Ralph Act violations, equal protection violations, and California Civil Code violations.

Documents:

Complaint

Counsel: Joseph M. McMullen | joe@imm-legal.com
Contact: Kendall Martin | kendall@alliancesd.org | (619) 629-0337
Press:
Abuse, Assault and Impunity at DHS Must Stop: Former LAPD Officer Subjected to Sexual Assault by DHS Sues the Agency