alt Hacker NewsThe press did an almost identical story for Ashley Cervantes, who had almost the same thing happen, except she was digitally (finger) raped by doctors as part of the process and was a young barely adult ~poor woman vulnerable minority so way way more public sympathy for her vs me (I'm a middle class white native English speaking boring white boy with a hick accent so basically at the bottom of the interest at ACLU, they do occasionally feature some people that have had it happen if they have sympathetic backgrounds).
Nothing changed. Same port of entry, same hospital network, same everything (I don't think she was jailed like me though). Lawsuit failed and public press did nothing. Later the ACLU won some kind of suit that forced all involved parties to be warned, which they promptly ignored, and that was the end of it.
https://www.southernborder.org/woman-suing-border-patrol-ove...
https://www.kgun9.com/news/local-news/woman-sues-cbp-over-bo...
Replies
> I'm a middle class white native English speaking boring white boy with a hick accent so basically at the bottom of the interest at ACLU
This in itself should be shocking to us
> I'm a middle class white native English speaking boring white boy with a hick accent so basically at the bottom of the interest at ACLU
I would assume they would be jumping at a few of these cases too, as a) it may be easier to bypass any ingrained bias in the system if you aren't necessarily matching people there may be bias against, and b) establishing case law is important for changing ambiguous legal situations.
Are you assuming they wouldn't be interested or did they communicate that they weren't interested?
I looked at the final motion to dismiss document and boy did she get bad legal advice. The lawyer tried a Bivens case against the hospital... which any lawyer will tell you is an impossibility. Bivens cases are just about impossible to win under any circumstances, but trying to do a Bivens against a non-federal officer is a guaranteed loss.
To have won this case against the agents would have required piercing qualified immunity which is very tough (you have to prove intentional misconduct... just being incompetent isn't enough in most cases).
She would have been better off pursuing a medical malpractice case against the hospital and/or doctor to be able to get any kind of relief.