Man plans to sue Department of Homeland Security after encounter with ICE agents
By Ronnie Parrillo
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SCARBOROUGH, Maine (WMTW) — A Maine man has filed a notice of claim to inform the U.S. Department of Homeland Security (DHS) that he plans to sue the agency for $7.5 million.
South Portland resident Robert Peck and his attorney said they have a case because they claim Peck’s First Amendment rights were violated and that he suffered emotional trauma. The legal action is one of the first to come from the enhanced U.S. Immigration and Customs Enforcement (ICE) operation in Maine that was known as “Operation Catch of the Day.”
Peck said after he saw ICE activity outside of his South Portland apartment on Jan. 22, he decided to drive down to the Scarborough ICE facility. Once he was there, he started to follow an ICE vehicle that pulled out of the parking lot. Peck claims he did it to “observe the officers,” but officers disagreed. After the ICE SUV pulled over, Peck pulled off the road, as well, and officers approached his vehicle.
“We had this interaction. I tried to film, I tried to watch their hands. I tried to be careful, and I tried in every way not to antagonize them or be confrontational,” said Peck.
The ICE officers said Peck was violating 18 U.S.C. ยง 111, which, in part, makes it illegal to impede or interfere with federal law enforcement while they are engaged in or involved in their official capacity. They threatened to arrest Peck if he did not stop following their vehicle.
Peck’s attorney, David Webbert, said he filed a notice of claim against ICE for violating Peck’s First and Fourth Amendment rights, in addition to emotional trauma.
“This is the first time in my lifetime, in a very long time, that the executive branch has taken the FBI, U.S. attorneys, law enforcement and turned them into whatever he wants including lawless behavior,” Webbert said.
The U.S. government now has six months to respond to the notice of claim.
Maine’s Total Coverage contacted DHS with a request for comment on this case and on Peck’s conduct, but has not heard back.
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