BISBEE — A civil rights lawsuit was filed against U.S. Border Patrol Agent Nicholas Corbett on Wednesday in federal court in Tucson regarding the death of Francisco Dominguez-Rivera, an illegal immigrant from Mexico, last year.
The plaintiffs in the case are Dominguez-Rivera’s parents — Renato Ariza Dominguez and Maria Clara Leonor Rivera Cordero, both of Mexico. Their attorneys are listed as Richard Gonzales in Tucson and Federico Castelan Sayre in Santa Ana, Calif. Corbett is the sole defendant.
The complaint requests a jury trial and seeks a judgment against Corbett that holds him liable and awards the plaintiffs “all actual, compensatory and punitive damages to which they are entitled by law, their attorney’s fees and costs incurred herein, and such other and further relief as the court may deem just and proper.”
The amount of money being sought is not specified.
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The lawsuit alleges that Corbett violated the plaintiffs’ constitutional rights by wrongfully and unconstitutionally causing the death of Dominguez-Rivera in violation of the Fourth and Fifth amendments of the U.S. Constitution.
It also alleges that supervisory personnel from the Border Patrol have condoned, authorized and ratified a custom and practice whereby agents are allowed to shoot at unarmed Mexican nationals without thorough investigation or threat of discipline. As a result of this unconstitutional custom and practice, Corbett shot and killed Dominguez-Rivera.
The plaintiffs claim Corbett shot Dominguez-Rivera execution style as he was attempting to surrender by kneeling down. However, during two criminal trials concerning this incident, Corbett maintained he fired the gun in self-defense during hand-to-hand combat to prevent Dominguez-Rivera from smashing his head with a rock.
Sean Chapman, the lead defense attorney who represented Corbett in his criminal case, has declined to comment on the filing of the lawsuit.
Bud Tuffly, president of the Local 2544 National Border Patrol Council in Tucson, said the lawsuit against Corbett was expected and he is not surprised by it.
“We will back him up 100 percent,” he said. “We will keep supporting him.”
On Dec. 2, Sayre submitted a federal tort claim seeking a total of $7.5 million. That document is a prerequisite to file a lawsuit against the government for Corbett’s actions. The parties involved have six months to respond to it.
Corbett is charged with second-degree murder, manslaughter and negligent homicide for killing Dominguez-Rivera on Jan. 12, 2007, near Naco.
During a criminal trial in U.S. District Court in Tucson in late October and early November, Judge David Bury declared a mistrial because jurors were unable to reach a verdict. Another trial held in late February and early March resulted in the same outcome. Prosecutors have not yet made a decision on whether to take the case to trial again.
Two male jurors — Nos. 40 and 26 — from the second trial told the Herald/Review the panel was deadlocked at a vote of 11-1 to acquit Corbett.
Juror No. 13, a woman who lives in Catalina, near Oro Valley, contacted the Herald/Review on Nov. 18. She acknowledged the final vote was 11-1 to acquit, but she pointed out most members of the jury believed Corbett was probably guilty but they thought there was reasonable doubt.
“The defense did a good job of smoke and mirrors. They really did,” said the juror, who did not want her name printed to protect her anonymity.
She said that besides the one person who thought Corbett was guilty, there were also two people who felt undecided toward the end of the deliberations.
“We did talk about it a little more after the note was sent to the judge and some pressure was applied to the one person that thought he was guilty because, I believe, some of the jurors thought that the judge would not let us be hung and they thought we would be there forever and all of them, including the two that were undecided tried to convince the one juror that thought he was guilty to go along with the ‘not guilty beyond a reasonable doubt verdict’ so we could get out of there,” she said. “That person wouldn’t budge and then the judge called us back and released us.”
Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.

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Extortion Inc. wrote on Dec 25, 2008 1:10 PM: