Judge Allows Suit Against Border Patrol in Fatal Shooting to Proceed

A Tucson judge allows a case against Border Patrol agents who shot an unarmed Native American man to proceed partially.
Suit against Border Patrol's fatal shooting of Tohono O’odham man is allowed to progress in part

The legal proceedings concerning the fatal shooting of an unarmed Native American man by Border Patrol agents are progressing, as a Tucson federal judge has permitted parts of the case to continue. This decision comes in the aftermath of the 2023 incident that took place outside the victim’s residence.

Raymond Mattia’s death occurred on the Tohono O’odham Nation when Border Patrol agents, alongside tribal police, responded to a 911 call. Customs and Border Protection released edited bodycam footage that captures agents instructing Mattia to raise his hands just before a barrage of gunfire is heard.

The lawsuit, initiated by Mattia’s family, accuses the agency of wrongful death, asserting that his First Amendment rights were breached. The suit also includes charges against individual agents, whose identities were disclosed following a court mandate.

Efforts by government attorneys to have the case dismissed have been partially successful. Judge Rosemary Marquez recently ruled to dismiss three out of eight First Amendment claims. Nonetheless, the case’s key components, particularly those alleging excessive force, will proceed.

For more details, refer to the original coverage by Arizona Public Media.


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