A woman who was shot five times by a Border Patrol agent while driving in Chicago last year has sued the Trump administration over the nonfatal incident.
Marimar Martinez, 30, filed the lawsuit on Monday, arguing the federal government is liable for the agent’s “negligent acts” under the Federal Tort Claims Act. The law allows private citizens to sue the United States, as federal agents cannot be sued directly.
Border Patrol agent Charles Exum shot Martinez multiple times on Oct. 4, 2025, while the U.S. citizen was in her vehicle. The lawsuit states Martinez was not driving toward Exum when he opened fire, the opposite of which was “falsely claimed” by the agent. A visual reconstruction of the scene shows Exum was standing beside the vehicle at the time, not in front of it.
Following the shooting, Martinez was charged with attempting to ram federal officers with her vehicle. The charges were later dropped by federal prosecutors.
One year later, Martinez is seeking to hold the Trump administration accountable. Her lawyers argue that Exum should face criminal charges for his actions.
“The reality is the shoot wasn’t justified,” Chicago-based attorney Michael Gallagher said at a press conference. “She almost lost her life as a result. She’s been dealing with the physical and mental injuries ever since then.”
The federal lawsuit alleges negligence, battery, assault, intentional infliction of emotional distress, malicious prosecution, false arrest, and false imprisonment. The plaintiff is seeking compensatory damages that will be determined at trial.
“Right now we’re just focused on moving forward with the civil case and just heal emotionally and physically,” Martinez said. “I’m just glad to see another year, be with my family.”
Martinez decided to sue the administration after a series of immigration-related shootings left U.S. citizens dead, including Renee Good in Minneapolis.
“Look at what happened to Renee and all these victims,” she said. “So I won’t stop. I have a voice, and I do matter, and I don’t want it to keep happening. I don’t. I just don’t. So I want to spread awareness because what’s happening is not normal. We shouldn’t stay here and normalize what’s happening.”
DOJ CHARGES 16 ILLEGAL IMMIGRANTS WITH VOTING CRIMES, INCLUDING 10 IN MINNESOTA
Rep. Jesus “Chuy” Garcia (D-IL), who represents parts of Chicago in Illinois’s 4th Congressional District, voiced his support for the plaintiff’s civil case.
“Trump and Miller’s DHS almost killed Marimar Martinez, and then lied about what happened and falsely smeared her as a terrorist,” Garcia posted on X. “Marimar deserves justice. I will continue to stand with her to demand accountability for all the atrocities committed by Border Patrol and ICE agents in Chicago.”
Continue reading...
[ H/T Washington Examiner ]
