New court filing alleges Border Patrol agents tossed tear gas "for fun"

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CHICAGO (WGN) — A new tribunal filing successful the lawsuit of the Chicago Headline Club versus the Department of Homeland Security alleges that Border Patrol agents tossed teardrop state connected a assemblage “for fun” and that apical officials person been misleading concerning their usage of force.

When "Operation Midway Blitz" started successful September, it made headlines crossed the country. 

Two months and 3,200 arrests later, the cognition has besides generated a flurry of litigation implicit the assertive tactics utilized by Border Patrol agents. A national suit brought by the Chicago Headline Club against the DHS and DHS Secretary Kristi Noem is seeking an extremity to specified tactics. 

In a question filed precocious Monday, lawyers for assorted media outlets asked a national justice to halt what they accidental is the “widespread, intentional, and ongoing” usurpation of the United States Constitution. 

Agents moving in Chicago and the suburbs person been accused of repeatedly utilizing excessive unit against the public. The tribunal question states: "Without an injunction, defendants volition proceed to enactment arsenic if they tin usage weapons of warfare to perpetrate shocking acts of unit against civilians — protesters, press, clergy, bystanders, large women, children — with impunity."

Border Patrol Sector Chief Gregory Bovino says agents have repeatedly faced convulsive crowds and person deployed state and utilized carnal unit for their ain information arsenic they transportation retired arrests of undocumented immigrants. 

"Agents surrounded by violence, having rocks thrown astatine them, taking a stone to the eye, oregon the head. ... I don't want that to hap to anyone," Bovino said.

But lawyers accidental Border Patrol agents are providing "accounts that are blatantly contradicted by nonsubjective evidence."

During an incidental successful Little Village, agents said they were blocked successful and prevented from leaving, and that Bovino was deed successful the caput with a rock. The motion, however, states that "agents were not prevented from leaving. Bovino provoked the violence." The Border Patrol boss is seen connected video tossing teardrop state astatine the crowd.  

In Albany Park, earlier gassing a crowd, DHS claimed that a protester "threw their bicycle astatine an agent." But the question says grounds will show "the information is an cause picked up a bicycle from a protester and threw it — not the different mode around." 

The question alleges that during an cognition successful Lakeview, successful which teardrop state was deployed connected a residential street, the "defendants mocked protesters arsenic state was deployed."

One cause yelled, "Throw different one." Another cause yelled, "Throw it (tear gas) for fun." But successful an interview, Bovino said his agents person acted wrong the law.

"We're going to use, conscionable arsenic we ever have, the slightest magnitude of unit indispensable to impact the apprehension oregon the mission," Bovino said.

U.S. District Judge Sara Ellis has ordered agents against the usage of teardrop state and different "riot control" measures against non-violent people, and without wide warnings. 

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