SAN DIEGO (Legal Newsline) - The United States is fighting a wrongful death lawsuit brought by the widow of an undocumented immigrant who fell off a border wall in California.
The government on Oct. 20 filed its motion to dismiss the lawsuit, brought in San Diego federal court in August on behalf of the Estate of Joel Reyes Munoz. The motion focuses on the estate's Bane Act claim and says the U.S. has not consented to being sued.
"Plaintiffs allege that failing to provide Decedent with medical care violated his constitutional rights and that in 'intentionally' refusing to provide aid, Defendant 'acted with reckless indifference and coercion,'" the motion says.
"These conclusory allegations, which do not show coercion separate and apart from the coercion inherent in the alleged constitutional violation, are insufficient to state a claim for which relief can be granted."
Leticia Duran Martinez, Munoz' wife, 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.