Case details
Man deported after being stopped for speeding
SUMMARY
$35000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 31, 2019, plaintiff Daniel Valenzuela Rodriguez, 34, was driving a family member’s vehicle when he was pulled over for speeding by an officer with the Corona Police Department. Valenzuela Rodriguez was traveling 70 mph in a 45 mph zone, as captured on the officer’s radar device, which was visible on the officer’s body camera. Valenzuela Rodriguez presented a driver’s license from Mexico, but he was not listed on the vehicle’s registration and he was unable to produce a passport or visa. The officer sought to verify whether Valenzuela Rodriguez was qualified to drive under a foreign license and contacted U.S. Customs and Border Protection. CBP officials told the officer that they thought they knew who the subject was and that the person had overstayed his visa. The officials specified that they would need to speak with the subject in person to verify his identity and status. After the officer declined CBP’s request to bring Valenzuela Rodriguez to a CBP checkpoint, the officials said that they would respond to the traffic stop. Approximately 30 minutes later, a CBP agent arrived at the scene, conducted his investigation and took Valenzuela Rodriguez into federal custody. The police officer had nearly completed both a citation for the traffic offense and a vehicle impound report during the stop when CBP took Valenzuela Rodriguez for a federal investigation. In light of CBP’s decision to take Valenzuela Rodriguez into federal custody, the officer voided the citation, which would not have served any purpose, and called the vehicle owner to take possession of the vehicle. Valenzuela Rodriguez was eventually deported. In lieu of a lawsuit, Valenzuela Rodriguez filed a claim against the city of Corona. His counsel alleged that the officer violated Valenzuela Rodriguez’s constitutional rights against unlawful search and seizure, as well as his right to due process. His counsel also alleged violations of California’s sanctuary state law, or SB 54, the California Values Act, which limits local law enforcement’s ability to cooperate with federal immigration agents. The city’s counsel disagreed that the officer’s actions violated federal or state law, and contended that the officer was handling a traffic stop, not immigration enforcement., Valenzuela Rodriguez was deported in early 2019. He is working with other family members to try and raise money to obtain a visa. His wife and daughters remain in Corona. Valenzuela Rodriguez claimed that as a result of the events surrounding his deportation, he suffers from emotional distress. Valenzuela Rodriguez sought recovery for his emotional pain and suffering.
COURT
Matter not filed, CA
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