Detained illegal alien who jumped off a balcony is paralyzed and now suing the government for lifetime medical care

Judge Judy shakes head rolls eyes

From Sacramento Bee: A year ago, Luis Alberto Mendez was an able-bodied immigrant from Mexico who worked as a carpenter. He had suffered from depression, but his lawyer said he had gotten the symptoms under control with medication. He was also undocumented illegal.

Today Mendez is a quadriplegic who is confined to his brother’s home in San Jose. He needs constant care and has no money. He blames Sacramento County and the U.S. government, and he’s suing them both.

Mendez, 37, is a native of Mexico who does not dispute that he was in the United States illegally in 2016. When agents detained him, he willingly signed an order agreeing to immediate deportation, his lawyer says. If the government had just sent him home then, he contends, he would not be paralyzed.

Instead, he was taken to the Rio Cosumnes Correctional Center in Elk Grove. There, his lawsuit claims, jailers ignored his pleas for access to medical care. He eventually attempted to kill himself by jumping off a second story balcony on the prison grounds, his lawyer said.

The fall didn’t kill him, but it left him a quadriplegic in need of a lifetime of medical care. His lawsuit accuses the U.S. government and Sacramento County of negligence, Fresno attorney Douglas Gordon said Friday.

“He is at a little home in the San Jose area being tended to by his family,” said Gordon, who filed the lawsuit in federal court in Sacramento on Thursday. “He’s quadriplegic; he has no money.”

The circumstances that led to Mendez being detained remain unclear.

Gordon, his lawyer, notes that federal policy at that time would have directed immigration agents to leave him alone because he had no felony convictions or criminal ties that would have led them to deport him.

Nonetheless, ICE agents set up shop outside his San Jose home in August 2016 waiting for him to appear. “They had him on some sort of list, had information on where he lived,” Gordon said. “They waited for him to come out of his house, and when he came out on his bicycle riding to work they detained him.”

Immigration and Customs Enforcement spokesman James Schwab said the agency would not comment on pending litigation.

But Gordon maintains that federal policy at the time, under the Obama administration, required that ICE agents ignore his presence in the country and focus instead on dangerous criminals or gang members.

“The worst crime that ICE has on him was a 2015 assault that was dismissed as misdemeanor,” Gordon said. “He was not supposed to be targeted.”

When Mendez was apprehended by ICE for removal on Aug. 15, 2016, the agency was working under the Morton Memo, authorized by President Obama in March 2011. That memo states that ICE’s number one priority is “aliens who pose a danger to national security or a risk to public safety.”

Immigrants convicted of crimes, particularly violent criminals, felons, repeat offenders and members of organized crime, all were singled out as priorities.

Those with mental health issues, like Mendez, were not supposed to be targeted. “Absent extraordinary circumstances or requirements of mandatory detention, field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness,” the memo states.

Mendez apparently was targeted despite that edict, and appeared before a deportation officer on Aug. 15, 2016. He signed a voluntary deportation order, which typically would have resulted in him being flown home to Mexico.

Instead, for reasons that have yet to be explained, Mendez was given a notice to appear before an immigration judge in the future. He was shipped off to the Rio Cosumnes Correctional Center, where federal officials contract with the Sacramento Sheriff’s Department to hold ICE detainees.

Once there, the suit states, Mendez began asking for help for his psychiatric needs, which included access to anti-psychotic drugs to deal with a schizophrenia diagnosis, his attorney said.

Mendez had been suffering from depression before he was detained, and tried to cut himself on his neck in February 2016 and again in June 2016, Gordon said. He subsequently was prescribed anti-psychotic medications and he “was well maintained and doing fine,” Gordon said.

“Then, he was detained,” Gordon said, and authorities denied him access to such medications.

Sheriff’s Department spokesman Sgt. Shaun Hampton declined to comment on the suit Friday, saying county officials had not yet seen it.

The lawsuit says that because Mendez was denied “reasonable care,” he attempted to kill himself by jumping off “an elevated structure” and fell, hitting his head and suffering spinal cord injuries, a traumatic brain injury and other damage.

The injuries will require a lifetime of medical care, his attorney said, and his family has had difficulty caring for him.

“They’ve struggled to get him on Medi-Cal,” Gordon said. “He has nobody to care for him except his brother and sister, who work. It’s a real struggle for the family.”

DCG

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34 responses to “Detained illegal alien who jumped off a balcony is paralyzed and now suing the government for lifetime medical care

  1. I’m sure there’s a nice nursing home for him somewhere in MEXICO. Send him back on a gurney, right along with his entire family; so they can be close. After all, it’s the humanitarian thing to do, right?

    Liked by 7 people

  2. Report and Deport!

    Liked by 5 people

  3. Who is is lawyer? Barack Hussein Obama? I am sorry he is a quadriplegic, but he was here illegally. He’s entitle to zero tax payers money!

    Liked by 8 people

  4. Well if the gov’t is paying for transgendered to get their dicks turned into pussies and pay for hormone treatment then why no pay for a legitimate medical expense…..

    Liked by 1 person

    • Because-see Pat Riot’s post above.

      Liked by 1 person

      • I did the gov’t should have given him his medication and they would have this problem…..

        Like

        • True George, the government didn’t and doesn’t have to give him sh|t. This sense of entitlement is what is killing this country, the idea that “the gov.” is everyone’s big daddy, and with it, comes all the rest of the cr@p that people end up living with under a socialist – communist regime, big brother watching and all else. Illegal means illegal. If you are undocumented you are illegal you get caught and deported, period. Lots of people in this country have a dream and are dreamers: they are called Americans! They dream about not seeing this country raped and screwed by illegals, drug cartels, fake refugees; they dream about seeing jobs return to America, rather than being exported to China, feeding the red cancer, etc. Need I go on?

          Liked by 3 people

          • And by the way, legal immigrants are also real dreamers, and side with Americans! They too do not want to see illegals take away from them what they legally earned as a right to be lawful USA residents. This problem does not exist because he was not given his meds, it exists because he was in the USA illegally and was caught and thrown behind bars, which in my very humble opinion is just a waste of the true dreams tax payer’s money. Don’t transfer the responsibility to the gov., that is what the fake dreamers, aka illegals do!

            Liked by 3 people

          • No cause you don’t understand that if the gov’t incarcerate someone they are responsible for that person whether they are a citizen or not. Yes, I get he was illegal but once in prison they should have provided him with his meds. Look at the end result now he is going to win the law suit on that premise….

            Like

            • I agree with you. No matter WHY someone is incarcerated, it is not for us to allowable to behave like savages. No matter what we feel about what we think a person did to cause them to be in jail, it is not an excuse for mistreatment.

              They had the choice to send him back immediately or detain him. In either case, they should not deny him his medication. There is liability there. How that will play out is another matter. It makes me ashamed that our justice system would treat a prisoner in this way.

              Liked by 1 person

            • The illegal alien’s medication was not properly obtained, therefore his scrip was invalid. Per the DOJ pharmicist’s manual, the illegal alien was not able to provide the legal proof to obtain a valid scrip:
              Proof of Identity Requirements

              The CMEA requires an individual to present an identification card that includes a photograph and is issued by a State or the Federal Government or a document considered acceptable under 8 C.F.R. § 274a.2(b)(1)(v)(A) and (B). Those documents currently include the following:
              •United States passport;
              •Alien Registration Receipt Card (which if he had he would not be illegal) or Permanent Resident Card, Form I-551;
              •An unexpired foreign passport that contains a temporary I-551 stamp, or temporary I–551 printed notation on a machine-readable immigrant visa;
              •An Employment Authorization Document which contains a photograph (Form I–766);
              •In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Form;
              •A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI;
              •In the case of an individual lawfully enlisted for military service in the Armed Forces under 10 U.S.C. § 504, a military identification card issued to such individual may be accepted only by the Armed Forces.

              https://www.deadiversion.usdoj.gov/pubs/manuals/pharm2/pharm_content.htm

              Liked by 3 people

  5. Pingback: Detained illegal alien who jumped off a balcony is paralyzed and now suing the government for lifetime medical care | Jim Campbell's

  6. What part of illegal did I miss?

    Liked by 4 people

  7. Here AGAINST the law
    obama’s order, even if constitutional was subject to cancellation upon his departure form the presidency.
    Are his caretakers here legally?
    If they are then why shouldn’t THEY pay?
    Who cares? Other than those that have to pay for this crap?
    NOT a citizen. He should get no benefit, WHATSOEVER.

    Liked by 4 people

  8. You break into my home, demand I support you, decide to kill yourself and end up a quad. Now you want me to pay for your caretaking? Screw you! You’re lucky you weren’t shot upon entry. And that’s my home. The same applies to the border. Which IS my front door!

    Liked by 2 people

  9. Can you imagine what a USA gringo would get if he tried doing this in Mexico? They’d have left him on the street where he fell.

    Liked by 2 people

  10. That detention facility should have built a THIRD floor balcony, for all the Mexican Jumping Beaners………

    Like

  11. Unfortuntely, if he can PROVE he asked for mental health care while in detention, & was DENIED, he has a pretty good case that will go forward. It doesn’t matter if he was here illegally or not. He was in the care/charge of our federal or state government at the time when he leapt. Citizenship does not matter in this case. Now, if he asked for mental health care and was responded to, w/appointment pending or emergent services rendered, or on-going care…..he might not prove his case. The state has to show due diligence to nullify these charges. And, then, if services were rendered to him, even in an intake situation, he has to prove that his care was not competent ….an even higher bar.

    My PhD psychologist husband has served through the years in many capacities within state and federal prison and parole systems…..as well as federally administrated health-care systems (Indian Health Service, Commission Corp, etc.)….WE’ve seen even more bizarre cases go forward…like criminals who were shot INSIDE the place that they were burglarizing, suing the homeowner AND the state for wrongful injury……..of course….understand, this is California…….

    Liked by 1 person

  12. Give the guy a lifetime prescription for Mexican jumping beans, to be taken 3X/day, and throw out the lawsuit against the US government. He can sue the State of California instead, since they insisted on keeping him here.

    Like

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