This Will Make You Mad -- Just Warning You

If you really need to avoid getting upset, don't continue reading. This is just the kind of story to irritate the crap out of you and question what the hell is going on in this country.

Deported immigrant sues over injury at San Luis port

Jose Gutierrez is seen here in a Phoenix hospital recovering from injuries suffered at the port of entry in San Luis, Ariz.

Yes, that's the headline. An illegal who wasn't supposed to be here in the first place, and was already sent home is now being allowed to sue our government. 

A previously deported illegal immigrant is suing the federal government for injuries allegedly suffered at the U.S. Port of Entry at San Luis, Ariz., while being detained for trying to re-enter the country.

Jose Gutierrez, 41, was hospitalized in Phoenix for a head injury after falling at the port on March 30, according the lawsuit filed in federal court in Los Angeles, where he resided before being deported.

Gutierrez had been trying to re-enter the country through the San Luis port when he was referred to a secondary area for follow-up inspection, according to U.S. Customs and Border Protection. He fell and hit his head on the floor while trying to escape back to Mexico, the agency said.

Gutierrez was taken to Yuma Regional Medical Center and then transferred to St. Joseph's Hospital in Phoenix, where he was in a coma for several days, alleges the lawsuit filed a month ago.

Brian Lerner, a Long Beach, Calif., immigration attorney representing Gutierrez, said the suit contends the brain injury stems not from simply a fall but from excessive force applied by port officers.

Cristobal Leon, a spokesman of U.S. Department of Homeland Security, declined to comment on the lawsuit but confirmed the incident is under investigation by the department's Office of Inspector General.

“The information that we have is that this person fell and struck his head upon resisting and trying to flee from the area of secondary inspection,” Leon said.

Gutierrez had been living in Los Angeles with Shena Wilson, a U.S. citizen, who says she doesn't believe CBP's version of the events.

“There are several things that don't seem right to us. It can't be that a fall like that would have left him so beaten up. When I went to Phoenix to see him, his head was very swelled and he had signs of blows on various parts of the body.”

And, she added, “they didn't tell me until three days later what had happened, and I only found out about it because the Mexican Consulate in Yuma told me Jose had been transferred in serious condition to Phoenix.”

The federal court in Los Angeles has granted him a stay of deportation pending his recovery and the lawsuit.

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