SAN DIEGO (Legal Newsline) — The widow of an immigrant who fell from a high border barrier in California and died in U.S. Border Patrol custody is claiming wrongful death.
The Estate of Joel Reyes Munoz, by its successor in interest Leticia Duran Martinez, and others filed a complaint Aug. 3 in the U.S. District Court for the Southern District of California against The United States of America and Does 1-10 alleging negligence, wrongful death and other claims.
Duran, the widow of Munoz, alleges in her complaint that her husband, who was 38 years old at that the time, died while in the custody of the U.S. Border Patrol on Jan. 12, 2022, near the Otay Mesa Port of Entry.
She claims that Munoz, who was undocumented, sustained blunt force trauma injuries after falling from the barrier. She further claims that the defendants were aware of other injuries and deaths due to the increased height of the barriers and that it was apparent her husband's condition was grave.
Duran alleges that instead of getting Munoz emergency medical care, he was arrested and transported to the Otay Mesa Port of Entry and held in custody. She claims that only after her husband lost consciousness and stopped breathing was he given CPR, which was negligently and untimely performed. Duran alleges the defendants' negligence for failing in their duty to act with care and prudence to not cause her husband harm or injury.
She also alleges the defendants violated Munoz's rights according to California Civil Code.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Eugene Iredale and Julia Yoo of Iredale & Yoo APC in San Diego.
U.S. District Court for the Southern District of California case number 3:23-CV-01422-JES-SBC