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Crime San Bernardino County
Photo: The Guardian

Jimenez Sues Over Shooting by ICE Officer in California

Carlos Jimenez says an ICE officer shot him as he tried to turn his car around during an immigration operation near a school bus stop in Southern California. His lawsuit, filed on November 6, seeks more than $25 million from the federal government and other defendants, including the officer and San Bernardino County.

The complaint says Jimenez approached agents on his way to work to warn that children would soon be at a nearby bus stop. It alleges officer Eusebio Ortiz threatened him, then fired several shots through a rear passenger-side window as Jimenez attempted a three-point turn. Jimenez suffered wounds to his back and shoulder, and the suit says bullet fragments remain near his lung.

The Department of Homeland Security previously said Jimenez’s vehicle reversed toward officers and that Ortiz fired defensive shots because he feared for his life. Jimenez’s lawyer disputes that account, saying Jimenez was moving forward when he was shot.

The lawsuit also alleges FBI agents removed Jimenez from a hospital bed and took him back to the scene for questioning while he was injured. It accuses an FBI agent of attributing statements to two neighbors that they later denied making. The complaint brings 13 claims, alleging an unjustified shooting, unlawful detention, improper prosecution and inadequate medical treatment.

Federal prosecutors had charged Jimenez with assaulting an officer with his vehicle. After a judge ordered the government to produce communications and operational records, Jimenez entered a diversion agreement. He completed its conditions, and the indictment was dismissed with prejudice on November 2. That dismissal did not decide whether officers used excessive force or acted unlawfully. Prosecutors said Jimenez requested diversion and that they sought dismissal after he completed its terms.

Reported by Newsweek, The Guardian.

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