Border Patrol Agent Cleared of Misconduct and Wins Grievance Against the Agency

A Border Patrol Agent assigned to the Sarita Checkpoint had to use force on a suspect to maintain order and prevent escalation in a crowded processing area. The Agent, acting as a Team Leader, ordered an unruly suspect to sit down. The suspect refused and became verbally and physically aggressive, presenting a safety risk.

Two days later, the RGV Border Patrol Sector Chief served the Agent with a “Decertification Letter,” stripping him of his badge, credentials, firearm, and all law enforcement authority.

Attorney Roberto M. Garcia filed a grievance, alleging violations of the Collective Bargaining Agreement and the Agency Use of Force Policy Handbook. After the grievance was ignored, arbitration was invoked. Arbitrator William Hartsfeld ruled that the lengthy investigation and lack of timely notice were unjustified. He ordered the Agency to make the Agent whole for lost earnings and awarded attorneys’ fees.

The Agency appealed the decision to the Federal Labor Relations Authority (FLRA) in Washington, D.C., but on June 2, 2016, the FLRA ruled in favor of the Agent.

If you are a law enforcement officer facing similar issues, contact the Law Offices of Roberto M. Garcia at (956) 223-2550 or email roberto@rgarcialaw.com.