Reyes v. United States, DOE CBP Officers 1-30

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Reyes v. United States, DOE CBP Officers 1-30, No. 3:20-cv-01752 (S.D. Cal., filed Sept. 8, 2020)

On August 2, 2018, Marco Reyes was waiting in his car to cross into the United States at the Otay Mesa Port of Entry in California. Due to an incident in another vehicle lane, a Customs and Border Protection (CBP) officer knocked at Reyes’ car window and asked him to step out of the car. Reyes, who suffered from significant hearing loss from military service, did not immediately hear the officer or comply with his commands. When Reyes realized the officer was speaking to him, he immediately got out of the car and stood behind his vehicle. The CBP officer then began to yell profanities at Reyes and bumped him with his chest, accusing him of not immediately following directions. When Reyes raised his hand to keep the officer from bumping into him, the officer accused him of assault and called for back-up assistance. A larger group of CBP officers arrived, pushed Reyes to the ground, and proceeded to beat him up while he was on the ground, injuring his shoulder and arm and breaking several ribs. After beating Reyes up, the officers arrested him for assault on a federal officer. The U.S. Attorney’s office declined to pursue prosecution of Reyes.

On September 8, 2020, Reyes filed this action, alleging violations of his rights under California’s Bane Act, the federal Rehabilitation Act, and the Federal Tort Claims Act. On February 16, 2021, the district court dismissed Reyes’ Bane Act claims and Rehabilitation Act claims without prejudice and with leave to file an amended complaint. The court also dismissed on consent the FTCA claims against the individual CBP officers.

Reyes proceeded to file two amended complaints. The case settled and was dismissed pursuant to a joint motion to dismiss on January 11, 2022.

Documents:

Counsel: McKenzie Scott, P.C.
Contact: Timothy Scott | tscott@mckenziescott.com

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