Estate of Joel Reyes Munoz v. USA

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Estate of Joel Reyes Munoz, et al., v. United States of America, No. 3:23-cv-01422 (S.D. Cal., filed Aug. 3, 2023)

On August 3, 2023, the family of Joel Reyes Munoz filed a complaint under the Federal Tort Claims Act and California state law in the Southern District of California against the federal government for the wrongful death of Mr. Reyes Munoz, who died after falling from a border wall near the Otay Mesa Port of Entry. The complaint, filed on behalf of Mr. Reyes Munoz’s estate, his widow, and children, alleges that on January 12, 2022, law enforcement refused to seek medical attention for Mr. Reyes Munoz after he fell from the wall. Although it was obvious that he had sustained serious injuries and was in need of immediate emergency medical care, Border Patrol and U.S. Customs and Border Protection (CBP) officials refused to bring him to an emergency hospital facility. Instead, after the fall, Mr. Reyes Munoz was arrested and held in custody at the Otay Mesa Port of Entry. He later “became ill and eventually unresponsive,” according to CBP. Lifesaving efforts commenced, but he was pronounced dead about an hour and 45 minutes after his fall.

Only when Mr. Reyes Munoz became unconscious and stopped breathing did any government official summon emergency medical services. By that time, Mr. Reyes Munoz, because of the delay, had already died. Border fall deaths and injuries in the San Diego area had been on the rise around the time of Reyes Munoz’s death, according to the complaint. The suit alleges the increase in fall incidents should have put Border Patrol and CBP officials on notice of the potentially fatal consequences.

Figures from the San Diego County Medical Examiner indicate there were zero such deaths between 2016 and 2018, but 16 people died from border barrier falls between 2019 and 2021, according to the complaint. Fall injuries during those same time periods also increased from 67 between 2016 and 2018 to 375 between 2019 and 2021.

The government filed a motion to dismiss Plaintiffs claim under California’s Bane Act for lack of subject matter jurisdiction and failure to state a claim on October 20, 2023. The court granted the motion to dismiss that claim on February 13, 2024. On February 27, 2024, the government filed an answer to Plaintiffs’ complaint.

Documents

Counsel: Iredale & Yoo, APC

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