Perez Perez v. USA, No. 3:25-cv-01821 (S.D. Cal., filed Jul. 17, 2025)
On October 22, 2024, Jesus Atenco Perez was one of two passengers killed in a vehicle crash as a U.S. Border Patrol agent pursued them at high speeds on a southern California highway. Atenco Perez’s mother filed a wrongful death lawsuit under the Federal Tort Claims Act (FTCA) on July 17, 2025, alleging the chase caused undue risk for her son and for others on the road. The suit alleges that the chase violated California Law Enforcement Vehicle Pursuit Guidelines, U.S. Customs and Border Protection (CBP) directives, and other agency policies and recommendations.
Defendant Border Patrol Agent D. Boone initiated the chase after the vehicle passed through the Otay Mesa Port of Entry based on suspicion that the vehicle had mismatched plates. The lawsuit alleges the agent failed to adequately apply a risk-based “objective reasonableness” standard in initiating the pursuit, and should have weighed the government’s interest in apprehension (in this case, severity of the suspected crime of mismatched plates) with the risks to the public, officers, and vehicle occupants. The agent also failed to consider the high volume of vehicular and pedestrian traffic and the availability of alternative means to apprehend the driver later, as the vehicle’s description and license plates were known. CBP policy mandates pursuits be initiated “only when the need for immediate apprehension outweighs the risks to public safety,” such as when it involves a violent felony. According to the complaint, CBP policies require pursuing agents “to maintain a safe distance to avoid pressuring the suspect into increasingly dangerous maneuvers.” The complaint faults CBP for failing to implement stricter protocols and training, and alleges the agency was aware of at least three prior pursuits on state Route 905 that year that resulted in “collisions or near-misses.”
On September 18, 2025, defendants filed a motion to dismiss the action. On October 7, 2025, the plaintiff submitted a response opposing the government’s motion to dismiss.
Documents:
Counsel: Joseph C. La Costa
Contact: Joseph C. La Costa ǀ joelacostaesq@gmail.com
Press:
Hold CBP Accountable 