United States Prevails in Wrongful Death Lawsuit Alleging Excessive Force by Border Patrol

SAN DIEGO –A federal judge has ruled in favor of the United States in a civil lawsuit brought by the estate of a human smuggler fatally shot during a smuggling incident, rejecting allegations that Border Patrol agents used excessive force. The plaintiffs included the son of deceased smuggler Silvestre Estrada, as well as two individuals who were being smuggled, Francisco Madariaga and Jaime Madariaga-Gonzalez. U.S. District Judge Anthony J. Battaglia ruled that the Border Patrol agents’ use of force was reasonable and that deadly force was justified when Estrada drove toward them in a threatening manner, leading the agents to reasonably fear for their safety. The court also found that less-than-lethal alternatives were not viable given the rapidly evolving situation.

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