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Roger Barnett case verdict
Finally can talk about it. Dog tired after 2 wks of trial. Verdict I'd score as 90-95% defense win.
Court dismissed conspiracy against civil rights and some other claims. Dismissed case as to Mrs. Barnett and as to his brother Donald. Also dismissed claims by 10 of the 16 plaintiffs, who hadn't testified.
Jury verdict on remainder:
Civil rights violation: defense verdict.
Unlawful imprisonment: defense verdict.
Battery, allegedly kicking the girl: defense verdict.
Assault: defense verdict as to two, two got $1400 each (minus 25% for their own fault), two got a nominal $1.
Infliction of emotional distress: Two got $1,000 each (minus 25% for their fault) plus $10,000 punitives each, two got $7,500 each actuals (-25%) plus $20,000 each, two got a defense verdict.
We have good grounds for appeal on the two where some Ps won. But to sum up:
They lost 12 of 16 plaintiffs (10 dismissed, two defense verdicts on everything),
2 of 3 defendants,
their hope for atty fees award (which requiring winning one of the federal claims)
and got a total of under 0.5% of the $32 million they wanted,
and that's likely reversed on appeal.
Here are some of the photos we used as exhibits, showing illegal entrants, trash, and dumped drug loads on Roger and Barbara's land.
This from a supporter of Roger: "Anyone interested in making a contribution to Roger's defense by check, please send and address funds directly to:
Roger Barnett Legal Defense Fund
1498 E. Fry Blvd.
Sierra Vista, AZ 85635
or by Credit Card: call Barnett's Towing: 1-800-722-2303
- Tell them you want to make a credit card contribution to the Roger Barnett Legal Defense Fund
- At this time, there is no mechanism for making credit card contributions over the internet."
41 Comments | Leave a comment
Strong work.
It is a damned shame that these bloodsucking parasites will get anything more than a ICE-bus ride back to the border, though.
And I'm glad the MALDEF terrorists won't be getting funded
Nice work. Big win.
Good work. I'm also happy the plaintiffs didn't prevail. Still not happy about what little they did get, though.
I still don't see how what he did amounted to anything close to assault or "emotional distress". Don't cross illegally and they'd have avoided all this.
Amen!
Congratulations, and my best wishes to your client. I agree it's a shame they got anything at all, but such is the nature of our legal system. I lean towards loser-pays for that reason.
Hope any checks awarded to these unauthorized citizens will have taxes taken from them. My bet is every one of these peasants will return to the US illegally within days, using the money awarded to them by Uncle Sugar to pay the smuggler.
This should never have even gone to trial. Illegal aliens should have ZERO rights unless they were brought into the country against their will ... and even under those circumstances, very limited. God bless Mr. Barnett and his family.
As a practicing lawyer my sincere congratulations on a wonderful defense win. Great job. As someone who has tried a number of jury cases, I know that "trust and justice" do not always carry the day. I'm sure your clients are relieved. Great job, sir.
Too bad we don't have a loser-pays system where if the plaintiff doesn't win the full amount of his claim he owes the full amount of that claim to the defendant. And if the plaintiff's lawyer has a contingent interest in the award then he's jointly and severally liable with the plaintiff. If that rule were applied in this case the plaintiffs (and presumably their attorneys) would owe the Barnetts $32 mil, less whatever chump change they were awarded by the court. Now THAT would strike me as justice.
This really chaps my hide!
$77k is still a reward for breaking the law.
Mr. Barnett should NOT have to pay one red cent.
In fact he should get something for the emotional distress inflicted on him and for legal costs, etc.
This will only encourage others to manipulate the system and continue to break the law.
God help us all if this isn't overturned on appeal.
Yeah, your defendant won, except for the thousands that he had to pay for his defense. Too bad he can't sue those POS defense lawyers and all their clients for defamation of character. My advice to him is next time SSS - and include the lawyers.
well mr barnett you should invest in a large bull dozer and start burying the low life Instead of takinhg them to a goverment who is weak and has a prision at gitmo for illagals but can't open their eyes and see whats coming from mexico when we get hit again maybe they will stop and think about all this bullshit their putting out and as far as the lawyers they should use the same dozer for them only put them in first so they'll be closer to hell because thats all they do to us and give us hell so they can make a buck the low life bastards
I will never understand how a jury thinks.
The infliction of emotional distress claims, for example, in this case are particularly puzzling. I assume that since punitives were awarded, it was intentional rather than negligent infliction of emotional distress.
How can the jury award punitives for such a claim when they also found the plaintiffs to be 25% at fault? Coupling that result with the defense verdicts on all the other counts, I just don't see any consistency.
Anyway, congratulations on the victory. And it was a victory, despite the partial award.
TO RON THE SCUM BAG LAWYER THEY SHOULD INSTALL YOU IN THE HOLE FIRST YOU IDIOT, WHAT HAPPENED TO A PERSON BEING ABLE TO PROTECT HIS PROPERTY OH NEVA MIND THATS RIGHT THATS WHAT POND SCUM LAWYERS DO IS ATTEMPT TO RELIEVE A PERSON OF THAT, YA NO GOOD POS LOVE TO MEET YOU AND HAVE A DRINK WITH YOU RIGHT BEFORE I BEAT YOUR STUPID ARSE WHY DONT YOU GO LIVE SOUTH OF THE BORDER BECAUSE YOU SURE AREN'T AN AMERICAN YA JERK OFF
Hey Elwood:
1. Stop with the all caps - not only is it hard to read, it's like shouting all the time. Tone it down.
2. What's your beef with Ron? Do you have a reading comprehension problem? He congratulated Mr. Hardy on a good win for the defense. In other words, he's agreeing with you on who should have won the case.
3. While you're tearing those no-good, pond-scum, SOB lawyers a new one, try not to forget that this entire forum is provided by Mr. Hardy - a lawyer - who secured the verdicts we're all here celebrating.
President Eisenhower had it right! Input "Operation Wetback" into your preferred browser and see what he did after the Korean War.
Congratulations to Mr. Barnett and his defense team. Just sorry it had to come to this.
God Bless.
Nice job Dave
I agree with Ron "I know that "trust and justice" do not always carry the day."
Congrats.
They shouldn't have even gotten $1. Not one red cent. In fact, it should have been thrown out before it got to court, and the illegals arrested and sent back.
I'm so glad it wasn't worse!
But, I'm afraid it was way worse than we may think. That is a lot of money for a Mexican. They'll be headed for the border more than ever and now they know how to get money with a ridiculous lawsuit and an organization to do it for them. Scary stuff.
The illegals will lose on appeal ... they can't afford to fight an appeal, and the MALDEF a-holes won't help, since they aren't getting regardless.
It's too bad the defendant has to keep shelling out the cash to see to it these twits lose.
( Elwood: Ron's on our side ... read his post carefully. And please turn off the caps-lock ... caps-lock is not cruise control for cool ).
Put your money where your mouth is gang.
Don't worry gang he will counter sue for more than the $77,000. He will win because by the time this comes around the Mexis will be long gone if not back across the border then into one of our citites, either way the American taxpayer will be paying for them. Over the years he has captured 14,000 illegals on his property and that was only on the weekends. If it were me it would have been 14,000 bullets well worth the cost for sure. Hey Roger if you need anyone to watch the ranch during the week you let me know.
Those calling illegal immigrants "bloodsucking low-life" should take a look in the mirror. Everyone in the United States excluding the Native American Indians is an illegal immigrant who "stole" the land from the Native Americans. In fact, much of the land "claimed" by the United States formerly belonged to Mexico and was obtained essentially at gunpoint from the Mexican government. So before you start making broad statements about immigrants and specifically about your self-proclaimed ownership about "America", realize that you are likely the product (descendant) of a bunch of thieves and criminal from Britain and other countries who were sent to "the New Land" and took the land away from the Native American Indians. Or, if that doesn't describe your family roots, then your family likely came to America as illegal immigrants escaping genocide and wars in places such as Ireland, USSR, Poland, Romania, China, Vietnam, Korea, etc.
Bottom line, is you should learn to be compassionate for people much like your ancestors who left their original country in pursuit of a better life.
Those folks who immigrated came here in the 19th Century to work ... not suck up welfare and commit crimes. They also didn't break the law to get here.
I have no beef with legal immigrants, but the illegals need a harsh sentence, followed by deportation.
Every other sane nation on this planet handles illegals the same way. Period. The EU is adopting the same kind of crap you advocate, and they are being overun by hordes of Islamic fanatics, who will not stop until their culture is imposed, at swordpoint.
As for talking about Native Americans ... their fate makes a good case for even more restrictive immigration ... if they had been able to keep our European ancestors out, they would still own this continent.
I agree that idiots should stop posting ... take your own advice, please.
To Idiots Stop Posting: Your history is a bit off. There was a Mexican/American war in 1846 - it was very short - it was over the land between the Nueces and Rio Grande Rivers in Texas. After the war, the United States in 1848 under the Treaty of Guadalupe-Hildago PURCHASED from Mexico what is now New Mexico, Arizona, California, Utah, Nevada, Wyoming and part of Colorado. The United States paid $15MM in 1848 dollars (don't know what that would be in today's dollars) and assumed Mexico's debt and Mexico relinquished all claim to south Texas and the purchased land. The claims from the Atzlanists (those who claim the U.S. just took all that land) just don't hold water. The other part of Colorado and northward from California was part of the Louisiana Purchase.
As for the Native American Indians - that is a dark cloud on our history and they did not fare well in the beginning. However, this country of ours has bent over backwards to right those wrongs and there are now a lot of well-off to wealthy Indian tribes roaming around out there (i.e., tribes who own casinos, manufacturing entities, etc.) and we can STOP feeling guilty about it.
I sincerely hope Roger Barnett wins his appeal and hope David Hardy keeps us posted. Can he sue MALDEF?
This is ridiculous. Why this case made it to trial is travesty. I can not believe that we even considered any of their claims. These people are NOT citizens and therefore not afforded the same rights. What is going to happen to the next property owner along the border who exercises his rights to defend his property? God help us all.
It's a sad day in the USA when TRESPASSERS have American rights.
He needs to put up large NO TRESPASSING signs in ENGLISH, since they are supposed to have a working knowledge of it to be here, and install automatic GATLIN GUNS.
Keep up the good work Mr. Barnett: "A PATRIOT is merely a rebel at the start, in the beginning of a change; the PATRIOT is a scarce and brave man, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a PATRIOT!" --Mark Twain
It's a shame that MALDEF can't be found responsible for the damage illegals do to the personal property of U.S. citizens. I can understand the need for an organization such as this to ensure that LEGAL immigrants receive the benefits that the rest of us now enjoy -- most of us are, after all, either immigrants ourselves or decendants of immigrants. However, from what I've read on MALDEF's web site (http://www.maldef.org/immigration/index.htm), it appears they are systematically chipping away at the individual state laws against illegal immigration, in the name of human and civil rights. We seem to be fighting a losing battle, and are gradually losing OUR rights as citizens.
I am ALL American. Love my country and served my country and time. Mr. Barnett is a Hero protecting our native land. I never would have served time if we had more people like Mr. Barnett keeping the illegal drug smuggling Mexicans out of our beloved country. And, beisdes that they take all our jobs leaving us jobless and in some cases homeless.
USA!!!!!
This is truly ridiculous. They actually gave the illegals more rights than him either way. He cannot protect his land without being sued. I hope we put one dam big fence up. I also think we should introduce these illegals to our justice system if they keep coming back. Furthermore, there should not be a trial or anything else, since they have no rights, because they are NOT citizens. Yes my family came here a long time ago, but it was legal. Obviously the American Indians forgave my family, since I am half Cherokee. I still find with my diverse heritage that these illegal aliens are the biggest scurge the United States has ever had to deal with. While I dont approve of mass graves, I do approve of protecting our borders. I also dont approve of my tax money that I have worked for, since I was 15 being used to help some illegal aliens. I applaud you Mr. Barnett. You are a true Patriot. I apologize for our legal sytem, or should I say Illegal Immigrant System has done to you. My best wishes to you and may God bless you and the United States.
For a treacherous judge to give an illegal alien an award after trespassing on private property in the United States is an outrage!
The real problem here is our federal government! It has trampled on the rights of its citizens in an effort to keep itself propped up. A government run by an arrogant gang of career politicians living high and wide off the working man and woman. Living like a bunch of parasites on us and who think they can do anything they want, anytime they want, including piss on our Constitution, rob us and give illegal aliens rights. WTF!
If a group of US citizens crossed the border into Mexico and tried to sue a Mexican rancher who held them for trespassing on his land, the Mexican gov't would throw every one of those US citizens in prison so fast it would make their heads spin!
We need to do some serious house cleaning in Washington DC! The parasites running our country have forgotten who really butters their bread.
Where have we gone as a nation when lawbreaker actually have more rights than hard working, law abiding americans. Maybe we should all go down to that third world country and claim that for the U.S. while deporting the natives to Central America.
thos wetback
I can't understand why any American would want to sue a man for protecting his property and defending his country. I wish there were a million Roger Barnetts out there. SPLC should be ashamed of itself and should be shut down. I would like to donate money to help Mr. Barnett pay for his many expenses. God bless!!
FYI: the picture of the leg states 03/2004.
Thanks for doing the job that ICE should be doing. i wish you and your family all the best.
As a chef i have to deal with racism from these poor individuals all the time.
Thank you.
It's such a shame that illegals can do what they do. They cost Americans $11,000 every year for food stamps, unemployment checks (oh yes Look It Up) and welfare payemts. Do you know that less than 2% of illegals are picking crops while 41% are on welfare. They learn fast how to take advantage of us and we are just letting it happen. Thank God for people like this rancher who is doing something. ICE isn't doing their jobs. California has the highest amount of warrants out fo illegals who have committed crimes. That's 95%
God Bless You