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  1. #1
    Join Date
    Aug 2018

    Post Injured During a Detention by U.S. Customs

    Iím writing to you that I need your help to file to sue the US Customs and Border Protection because of their serious violence of my human rights and privacy and abuse of handcuffs on me and injury of hands on February 3, 2018.
    I'm a Canadian citizen and I live in Montreal. With excellent history and no records in crossing US border over past 10 years, early that morning of Feb. 03, 2018, I went to New York by bus for Flights connection from JFK International Airport to Asia to celebrate my fatherís birthday of 80th and my return trip. Around at 09:55am, our bus arrived at US Border, Champlain port of entry. I always respected and answered all his questions when an agent (male, short, with glasses) questioning and checking. Also, I show him my Air ticket on my iPhone. The agent ordered and inspected my baggage. I followed him towards our bus of Trailways. Firstly, he opened my backpack on the desk of outside, no any prohibited items in my backpack. Then he ordered me to carry another suitcase to their room. Three agents came to examine all my baggage and searched my pockets again and again. The female agent opens all my documents, letters, private legal documents and she read loudly that everyone can hear what she read in the room.
    For the legal documents in my suitcase, it is a wrongful and malicious accusation which against me for harassment that my ex and her boyfriend cheating police to take the custody of my son to receive the child benefits. The case is in trial and no decision or judgment since 2016. I hope to take the documents for my parents and family members reading. 10 years ago, my son always lived with me for 8 years since move in Montreal, as his mother (ex-wife) left Canada. During the period of 8 years, she took and gave up the custody of my son several times. She hurt my son for long time. However, 8 years later, when she backed Canada and found her most current boyfriend in 2016, with support and connivance of her local guy, she wants to take the custody of son again, regardless the health of my son. I sent E-mails and message to her to discuss the money that she stole from my account and issues of son. However, she hide and refused to repay and never answer phone or reply for long time. I sent final message that I would go to police for report if she did not come to repay money and resolve the issue of son before next noon (12:00pm). However, not only failed to come, but, with the support and connivance of her boyfriend, they two together firstly went to police station to cheat police for harassment. When I arrived at police station to report of money stolen, the police arrested me at the station and said they came firstly to report in the morning at 11:00am. For the malicious accusation, I filed application to sue Montreal Police and prosecutor before the courts for abuse power. The case is also in processing. Thatís all the truth and facts of the legal document case.
    During the long time waiting in US CBP the room, I requested to toilet, they opened a cell room for me. Otherwise, they refuse to give another one for me. Soon, a male agent came to take my fingers and took photos.
    About one hour later, without any questions and explanation, three CBP agents forced me to a room and took all my fingerprints and photos again. When I asked them why taking my fingers and photos, they did not answer. However, one of a male agent shouted at me and ordered me to look at the camera in the room. Furthermore, they recorded untruth or any information on their database as they want.
    All my articles and luggage have been verified and tested by the CBP agents. Actually, there is no prohibited item in my backpack and suitcase. But, they didnít let me go or aboard the bus outside.
    Around 2 hours later, three agents forced me to enter a small room again to search my body thoroughly.
    Most serious, after searching, the agents used their handcuffs locked both my hands. Then the female and male agent with glasses forced me to their prisoner van, they refused to give my coat for wearing on their van in cold temperatures. My hands were injured by their violence and handcuffs. They drove and forced me back to Canada Border Services Agency without any explanations. As a result, I missed bus and all my international flights.
    They donít have any judgments or proof, without any questions about my legal documents, but CBP agents recorded the untrue or unknown allegation of my name on their database. I wrote to the Deputy Executive Director of US CBP for complaint of misconduct and serious violence.
    Canadian government or Montreal police never issue any documents or prohibition of my freedom or ban of travelling. However, the US CBP agents forced me back to Canada by a prisoner car and abuse the handcuffs on me, an innocent victim.
    Itís hard to find a US attorney, as I live in Montreal. Please Who can help me to file an application to accuse US CBP to compensation for serious violence of my human rights and privacy and injury before US court or International Human Rights Court? I would provide all the documents
    How much should be claimed for their serious violence of human rights and injured and abuse of handcuffs?
    How to order the CBP to remove my fingerprints and all information from their database?
    and, normally, how much is the litigation cost for this case?
    Thank you so much!

  2. #2
    Join Date
    Oct 2014

    Default Re: My Human Rights and Privacy Seriously Violated and My Hands Injured by Us Customs

    You are a Canadian citizen and presumably not a U.S. citizen or permanent resident. As a result, you have no explicit right to enter the U.S. The U.S. may take whatever time it requires to determine whether to admit you to the country or to return you to Canada. The CBP may search your possessions and person to ensure you are not bringing in any prohibited items into the U.S. While the experience was certainly not pleasant, I see nothing in your post that suggests any clear violations of your rights other than perhaps the injury you suffered from the handcuffs. Whether you are entitled to any compensation for that depends on two things: (1) whether the CBP officers were negligent in the manner in which the handcuffs were used and (2) what damages you suffered from the injury, e.g. medical bills, lost wages, pain and suffering, etc. What was the injury you suffered as a result of the handcuffs and what damages resulted from it? You won't win anything for medical bills except what you were personally responsible to pay; what the Canadian national health care system paid is not recoverable by you.

    The process for seeking compensation for this is to first make an administrative claim with CBP. You do that using Standard Form 95. The link to the form and the instructions for where to send it are found here: CBP tort claims.

    You cannot win more than the amount you set forth in that claim, so it is important to get it right. I suggest you see a U.S. lawyer familiar with the federal tort claims act for help with that. Should the agency deny your claim you will have 6 months to file an action in federal district court. Note that your case will be decided by the judge, not by a jury.

    You are unlikely to find a lawyer to take the case on a contingent fee basis (which is where the lawyer fee is a portion of the amount recovered for you) unless you have a reasonably solid case and you have sufficient damages that the lawyers share of it would make it worth the lawyer's time to litigate it for you.

    You may ask the CBP to correct any errors about you in its records. You make that as a Privacy Act request. But you will not succeed in getting the records deleted.

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