CBP agent files lawsuit against DHS

  A Customs and Border Protection agent is suing the U.S. Department of Homeland Security over a search of his Yuma home that he and his wife alleged violated their constitutional rights.

  The lawsuit was filed Friday in U.S. District Court in Phoenix by attorney Robert Cook on behalf of Yuma residents Jimmy and Shiela Slaughter. According to the lawsuit, the DHS violated his clients' 4th Amendment protection against unreasonable search and seizure.

  The Sun tried to contact Cook on Wednesday seeking comment on the article, but he was not available.

  Agent Vince Picard, spokesman for DHS in Arizona, said the agency can not comment on any pending litigation.

  According to the lawsuit, on July 24, 2008, at about 5:30 p.m., seven agents from Immigration and Customs Enforcement entered the Slaughters' home in search of a suspect .

  "I was at home with my wife when the doorbell rang," Slaughter wrote in an affidavit included in the eight-page lawsuit. "I opened the door and noticed approximately seven uniformed ICE agents with vests and guns standing at my door. I could only see three unmarked cars in front of my home.

  "I said what is up fellas? Not having a clue as to what was happening. The lead agent stated that, 'We have received information that Guadalupe Uolla is residing at the residence.' I opened the door to look at the paperwork and five entered my house."

  Slaughter, who has worked as a K-9 handler at the San Luis port of entry for the past six years, in his affidavit wrote that the agents made his wife stand in the center of the living room and that they said were going to search his home. At no time did any of the agents say they had a warrant, he claims.

  "That is when I stated I was a K-9 handler at the port of entry. All of the agents stopped in their tracks looking at each other and the lead agent asked, 'You are?'" according to Slaughter's affidavit. "I could tell they were confused and I asked to look at their file on the subject they were after."

  The affidavit says Slaughter told agents that he and his wife bought the house new in 1998 after he retired from 23 years in the Marine Corps and that they reported to the post office that for the past five years, they have been receiving mail for the lady the agents were searching for.

  After clearing up the matter, the agents left. Slaughter also wrote that he informed his port director about the incident the following day and about how angry he was over it.

  In his sworn affidavit, Slaughter said he phoned the agent in charge of the operation and spoke to him about the incident. He says he was told that the agency had tracked the woman they were looking for to Slaughter's house by mail.

  The lawsuit also names ICE, supervisor Neil Baker and the the seven agents as defendants. The Slaughters are asking for $500,000 in damages from each of the nine named defendants.

  According to the lawsuit, the actions of the ICE agents exacerbated his wife health conditions, causing her to be hospitalized for several days, and also tarnished his professional reputation.

  "Is this the agency that protects our country? It was clearly obvious to me he really didn't care that my reputation had been tarnished," Slaughter wrote. "Now you may say it was just a foul up on the addresses, which is true. But it didn't embarrass or scare your family. It did mine."

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James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.