"A U.S. citizen and Army veteran who was detained by federal immigration authorities for three days last summer in Southern California filed a civil rights suit against the federal government on Wednesday. It's likely to be an uphill battle for Retes, because federal law and court precedent both limit the ability of American citizens to hold federal officials civilly accountable for constitutional violations that have already occurred - and because Retes' lawyers have not yet been able to identify the individual officers involved in his detention."
"The lawsuit relies on the U.S. Constitution's Fourth Amendment protections against unreasonable searches and seizures and Fifth Amendment protections against deprivation of liberty and property. But it also cites California law, including the Tom Bane Civil Rights Act, which allows a person to sue another person for interfering with their rights by threat, intimidation or coercion."
An Army veteran and U.S. citizen was detained by federal immigration authorities for three days after a worksite immigration raid and has filed a civil rights lawsuit against the federal government. Federal law and court precedent constrain Americans’ ability to hold federal officials civilly accountable for past constitutional violations, and Retes’ lawyers have not yet identified the individual officers involved. California and nine other states are considering legislation to ease such lawsuits, and a California proposal would be retroactive to spring 2025, potentially affecting Retes’ case. The lawsuit invokes Fourth and Fifth Amendment protections and California's Tom Bane Civil Rights Act, though courts’ willingness to permit the state-law claim remains uncertain.
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