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Judicial Watch • Dutton v Cordero complaint 00517

Dutton v Cordero complaint 00517

Dutton v Cordero complaint 00517

Page 1: Dutton v Cordero complaint 00517

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Number of Pages:9

Date Created:June 2, 2016

Date Uploaded to the Library:July 13, 2016

Tags:El Paso, Cordero, 00517, sedan, Dutton, Comey, Fourth, vehicle, agent, Constitution, Special, amendment, mexico, defendants, complaint, justice, defendant, filed, plaintiff, FBI, document, DOJ, federal, texas, office


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Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT NEW MEXICO
WILLIAM WESLEY DUTTON,
Plaintiff,
MICHAEL CORDERO, ERIC BENN,
and JANE DOE NO.
Defendants.
Civil Action No.
COMPLAINT
Plaintiff William Wesley Dutton brings this action against Defendants Michael Cordero,
Eric Benn, and Jane Doe No. for violating Plaintiff rights under the Fourth Amendment the
U.S. Constitution. grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(b).
PARTIES
Plaintiff William Wesley Dutton citizen and resident the State New
Mexico.
Defendant Michael Cordero Special Agent the Federal Bureau
Investigation FBI and, information and belief, assigned the FBI office the
Paso Federal Justice Center, 660 South Mesa Hills Drive, #3000, Paso, Texas 79912.
Defendant Cordero being sued his individual capacity, albeit for acting under color
federal law.
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
Defendant Eric Benn Special Agent for the U.S. Department Justice, Office Inspector General DOJ/OIG and, information and belief, assigned DOJ/OIG
office 4050 Rio Bravo, Suite 200, Paso, Texas 79902. Defendant Benn being sued his
individual capacity, albeit for acting under color federal law.
Defendant Jane Doe No. also known Armida Armita, is,
information and belief, Special Agent the FBI and assigned the FBI office the
Paso Federal Justice Center, 660 South Mesa Hills Drive, #3000, Paso, Texas 79912.
Defendant Jane Doe No. being sued her individual capacity, albeit for acting under color federal law.
STATEMENT FACTS various times since approximately March 2009, Plaintiff, graduate the
New Mexico State Police Academy and former State New Mexico livestock investigator,
provided information the FBI and other law enforcement agencies about illegal activity
Texas and New Mexico, including information about illegal narcotics trafficking, fugitives,
public corruption, and terrorism. One Plaintiff contacts the FBI was Defendant Cordero.
Several years earlier, Plaintiff had been involved farm accident that left him
partially disabled. Plaintiff disabilities prevent him from traveling. also requires regular
medication. February 2014, Plaintiff was living with his parents pecan farm
approximately ten miles southwest Anthony, New Mexico. The street address Plaintiff
home was 2100 Highway 28, Anthony, New Mexico 88021. The area surrounding the farm was
rural and sparsely populated.
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
10.
Between 2:00 and 3:00 p.m. afternoon the first week February 2014,
Defendant Cordero knocked Plaintiff front door. Plaintiff was alone the house. Neither his parents was home. Plaintiff answered the door and greeted Defendant Cordero.
11.
Plaintiff noticed Defendants Benn and Jane Doe No. standing approximately
feet behind Defendant Cordero Plaintiff front yard. Plaintiff did not know Defendant Jane
Doe No. and had never met her.
12.
Plaintiff also noticed two government vehicles parked the gravel road directly front Plaintiff home. The first was maroon, 4-door sedan, which Plaintiff assumed was
Defendant Cordero vehicle. The second was grey, 4-door sedan parked directly behind the
maroon sedan. Plaintiff observed two persons sitting the front seat the grey sedan. Plaintiff
did not recognize either the persons the grey sedan.
13.
Defendants Cordero and Benn had visited Plaintiff home many previous
occasions, and Plaintiff typically invited them inside. addition, Defendants Cordero and Benn
typically parked driveway approximately yards west Plaintiff home instead
directly front the home.
14.
Plaintiff invited Defendants Cordero, Benn, and Jane Doe No. inside. also
asked Defendant Cordero why they had parked front the home instead the driveway
and requested that the vehicles moved the driveway.
15.
Defendants declined enter. Instead, Defendant Cordero said Plaintiff, No.
You getting the car with us.
16.
Plaintiff believed that Defendants Cordero and Benn, whom knew federal
agents, were armed. Plaintiff believed was likely that Defendant Jane Doe No. and the two
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
persons the grey sedan also were government agents and also were likely armed. Plaintiff did
not feel free refuse Defendant Cordero instructions.
17.
Plaintiff stated Defendant Cordero, You know cannot travel. have get medication.
18.
Defendant Cordero permitted Plaintiff retrieve his medication and waited for
Plaintiff inside the doorway while did so. When Plaintiff returned, Defendant Cordero told
Plaintiff had escort Plaintiff the vehicles.
19. Plaintiff and Defendant Cordero left the house, Plaintiff noticed that the
vehicles had been moved the driveway and that the grey sedan containing the two unknown
persons was again parked behind the maroon sedan. Defendants Benn and Jane Doe No. were
already the maroon sedan.
20.
While they were walking the vehicles, Plaintiff told Defendant Cordero that
wanted speak with his attorney. Defendant Cordero cursed and told Plaintiff that could not
contact the attorney. Plaintiff told Defendant Cordero second time that wanted speak
with his attorney. Defendant Cordero cursed again and gave Plaintiff the same, negative
response.
21.
Before they reached the vehicles, Defendant Cordero asked Plaintiff had his
cell phone. Plaintiff responded, No. Defendant Cordero then instructed Plaintiff return
the house retrieve his cell phone. Defendant Cordero escorted Plaintiff back the house retrieve the cell phone, Defendant Cordero said Plaintiff, You are not leaving custody.
22.
Once Plaintiff retrieved his cell phone from the house, Defendant Cordero
escorted Plaintiff back the vehicles. Defendant Cordero placed Plaintiff the rear, driver
side seat the maroon vehicle and closed the door behind Plaintiff. Defendant Benn was sitting
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page the rear, passenger side seat next where Defendant Cordero had directed Plaintiff sit.
Defendant Jane Doe No. was sitting the front, passenger side seat. Defendant Cordero got
into the driver seat and locked the doors using control device near the driver seat.
point was Plaintiff free leave.
23.
Once inside the vehicle, Plaintiff again asked allowed speak with his
attorney. Again, Plaintiff request was denied with foul, abusive language Defendant
Cordero and, this time, Defendant Benn. Plaintiff then said Defendants Cordero, Benn, and
Jane Doe No. can sit this car like this. have health issues. Defendant Cordero
responded, You going sit your f***ing ass right here.
24.
Defendants Cordero, Benn, and Jane Doe No. began interrogating Plaintiff
inside the locked vehicle. Defendants Cordero, Benn, and Jane Doe No. claimed that Plaintiff
had provided false information, that they had approached Plaintiff sources directly, and that
Plaintiff sources had contradicted information Plaintiff had provided Defendants Cordero and
Benn. The interrogation centered information Plaintiff had provided Defendants Cordero and
Benn.
25.
Plaintiff had never met Defendant Jane Doe No. before that afternoon.
Defendants Cordero and Benn represented Plaintiff that Defendant Jane Doe No. was
attorney with either the U.S. Department Justice the U.S Attorney Office (Plaintiff does
not recall which) and that she could arrange for Plaintiff granted immunity Plaintiff
cooperated with them. point did Defendant Jane Doe No. refute deny the
representations Defendants Cordero and Benn about her status ability offer immunity.
26. information and belief, the representations Defendants Cordero and Benn
about Defendant Jane Doe No. were false. further information and belief, Defendant Jane
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
Doe No. Special Agent the FBI, not attorney with either the U.S. Department
Justice the U.S. Attorney Office, and had authority offer grant immunity.
27.
Defendants Cordero, Benn, and Jane Doe No. never advised Plaintiff that
warrant had been issued for his arrest, that was under arrest, that was suspected
committing any crime. Plaintiff repeatedly asked was under arrest and invoked his right
counsel. Plaintiff repeated request and invocations his right counsel were ignored.
response one such request, Defendant Cordero cursed Plaintiff again and exclaimed,
You not talking anyone. Defendant Benn echoed Defendant Cordero response.
28. one point during the interrogation, Plaintiff offered call his sources have
them confirm information Plaintiff had provided Defendants Cordero and Benn. Defendants
Cordero, Benn, and Jane Doe No. agreed, but wanted record Plaintiff conversations with
his sources. Because Defendants Cordero, Benn, and Jane Doe No. had recording
equipment with them, Defendant Jane Doe No. was tasked with obtaining the equipment from
her office. Defendant Cordero unlocked the car long enough for Defendant Jane Doe No.
exit, then relocked the car doors after she had exited. Defendant Jane Doe No. got into the
grey sedan that had remained behind the vehicle which Plaintiff was being interrogated, and
drove off.
29.
Defendants Cordero and Benn continued interrogate Plaintiff inside the locked
vehicle. Plaintiff was not allowed leave the vehicle even use the restroom. was only
when Plaintiff stated that would urinate inside the vehicle that Defendant Cordero unlocked
the doors and allowed Plaintiff exit briefly urinate behind bush. Defendants Cordero and
Benn then escorted Plaintiff back into the vehicle, relocked the doors, and continued the
interrogation.
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
30. approximately 5:00 p.m., Plaintiff mother returned home. Because the
maroon sedan which the interrogation was taking place was parked where Plaintiff mother
usually parked her vehicle, Plaintiff mother had find another place park. After parking
her vehicle, Plaintiff mother approached the sedan see what was going on. Defendant
Cordero lowered the window and cursed Plaintiff mother, telling her leave.
31.
Defendant Jane Doe No. returned approximately one and half hours after she
had left. Defendant Cordero unlocked the doors, allowed Defendant Jane Doe No. enter,
then relocked the doors after she had entered. The grey sedan containing the two other, unknown
individuals resumed its position behind the maroon sedan which Plaintiff was being
interrogated.
32.
Defendants Cordero, Benn, and Jane Doe No. demanded that Plaintiff sign
consent form authorizing them record Plaintiff telephone conversations with his sources
while they listened the calls. did so, albeit only under compulsion. Defendants
Cordero, Benn, and Jane Doe No. directed Plaintiff make least two telephone calls, which
Defendants Cordero, Benn, and Jane Doe No. recorded. Defendants Cordero, Benn, and Jane
Doe No. passed notes Plaintiff instructing him ask particular questions. Plaintiff did
was instructed.
33.
The interrogation continued until between approximately 10:00 p.m. and 11:00
p.m. the end the interrogation, Defendant Jane Doe No. said Defendant Cordero, You
can arrest him. got let him go. Defendant Benn agreed, saying, You can arrest
him. satisfied. Defendant Cordero cursed.
34.
Defendant Cordero unlocked the doors, and Plaintiff was allowed leave the
vehicle. Both Defendant Cordero and Benn told Plaintiff keep his mouth shut. Defendant
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
Cordero cursed Plaintiff yet again, saying hoped never saw Plaintiff again. Defendants
Cordero, Benn, and Jane Doe No. then drove off, did the two unknown persons the grey
sedan.
35. least two prior interactions, FBI agents came Plaintiff home and
violated Plaintiff constitutional rights. July 2010, FBI agents searched Plaintiff home
without warrant and seized documents, computers, and electronic equipment. August 2012,
Defendant Cordero and other, unidentified FBI agents searched Plaintiff home again, also
without warrant, and seized Plaintiff personal property, papers, notebooks, charts, computers,
and cell phone. Plaintiff items have never been returned him.
COUNT
(Violation the Fourth Amendment Bivens Action)
36.
Plaintiff realleges paragraphs through fully stated herein.
37.
Plaintiff enjoys the right secure his person against unreasonable searches
and seizures, guaranteed the Fourth Amendment the U.S. Constitution.
38.
Defendants Cordero, Benn, and Jane Doe No. acting within the course and
scope their authority federal law enforcement officials and under color federal law,
deprived Plaintiff his rights under the Fourth Amendment the U.S. Constitution
arresting, detaining, and interrogating Plaintiff without arrest warrant probable cause that
Plaintiff had committed crime.
39.
Plaintiff suffered damages direct and proximate result the violation his
constitutional rights Defendants Cordero, Benn, and Jane Doe No.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against
Defendants Cordero, Benn, and Jane Doe No. (i) declaring Defendants conduct
violation Plaintiff rights under the Fourth Amendment the U.S. Constitution; (ii)
Case 2:16-cv-00517-CG-GJF Document Filed 06/02/16 Page
enjoining Defendants from violating Plaintiff Fourth Amendment rights the future; (iii)
awarding Plaintiff nominal and compensatory damages, reasonable attorney fees, and the costs
this action; and (iv) granting any and all other relief that the Court deems just and proper.
Dated: June 2016
Respectfully submitted,
LAW OFFICE ANGELO ARTUSO
/s/ Angelo Artuso
Angelo Artuso
P.O. Box 51763
Albuquerque, 87181-1763
(505) 306-5063
angelo.artuso@brytewerks.com
And
Paul Orfanedes
D.C. Bar No. 429716
Robert Popper
D.C. Bar No. 1023592
Ramona Cocta
D.C. Bar No. 501159
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: (202) 646-5172
Fax: (202) 646-5199
Email: porfanedes@judicialwatch.org
rpopper@judicialwatch.org
rcotca@judicialwatch.org
Attorneys for Plaintiff