An Ontario man, who was shot by an ICE officer during a federal immigration enforcement operation last year, is suing the federal government, several federal agents and San Bernardino County. He is accusing them of excessive force, wrongful prosecution and inadequate medical care while in custody.
Carlos Jimenez, 25, filed the civil lawsuit with the Central District of California on Nov. 6. In addition to ICE Enforcement and Removal Operations Officer Eusebio Ortiz, whom Jimenez identifies as the officer who shot him, the lawsuit names two Customs and Border Protection officers, an FBI special agent and San Bernardino County as defendants.
The two CBP officers are identified only by their initials, N. Jimenez and S. Cosey. The FBI agent is identified as Estevan R. Banuelos. The complaint alleges that Ortiz used excessive force in violation of Jimenez's Fourth Amendment rights. It also accuses federal agents of misconduct during the investigation and his subsequent prosecution.
Jimenez is seeking up to $25 million from the federal government under the Federal Tort Claims Act. The complaint also lists $25,000 in lost wages, close to $6,000 in property damage and $179,000 in past medical expenses and compensation for future medical care for physical and emotional injuries.
The shooting happened last October on Vineyard Avenue, just south of the 60 Freeway in Ontario. According to the complaint, Jimenez was driving to work when he noticed immigration agents stopping someone near a school bus stop. He said he tried to warn the agents that children would soon be arriving in the area.
Jimenez alleges that as he drove away, Ortiz fired shots through the vehicle's rear passenger window, striking him in the shoulder. According to the complaint, Jimenez was able to drive home before being taken to Riverside Community Hospital for treatment.
Jimenez also claims federal agents later located him at the hospital and removed him from his bed while he was still bleeding and vomiting. FBI agents then questioned him before transferring him to West Valley Detention Center, according to the complaint. He alleges he went nearly 20 hours without medical treatment while in custody and that staff ignored his requests for help.
The complaint states that Jimenez continues to have bullet fragments lodged in his torso and shoulder and that the shooting caused emotional harm and distress.
The lawsuit also names San Bernardino County as a defendant over the alleged failure to provide adequate medical care at the detention facility. The San Bernardino County Sheriff's Department operates West Valley Detention Center.
Federal prosecutors and the Department of Homeland Security have offered a different account of the encounter. They claim the agent acted in self-defense. Jimenez was charged with assaulting a federal officer with his car.
In a statement to KVCR, the U.S. Attorney’s office said a grand jury found probable cause to indict Jimenez. Prosecutors said he could have taken the case to trial, but instead requested a diversion agreement.
“He has no criminal history, and diversion would avoid him suffering a criminal conviction, which would carry serious, lifelong consequences,” reads the statement. “At the defendant’s request, the discovery order was stayed pending his successful completion of diversion..”
The San Bernardino County Sheriff’s Department said in their own statement that they're limited in what they can publicly discuss, but said Jimenez's allegations are false. The department also said their records show that Jimenez received appropriate and timely medical care while in their custody.
