ArmyVern said:
You're arguing as if buddy (or any citizen of any nation) has the RIGHT to cross into another country. They don't. It is a priveledge. That's why there are rules and laws.
I'm not arguing anything. I'm
telling people how the court system works, it's not my opinion, t'is
fact. The civil courts won't decide whether he should or shouldn't have been allowed to enter the US, they will decide if the guy was wronged by the BSO. In the same vein, if the US wants to charge this guy for some crime or another in their criminal courts, then they can do that (and again, probably win). It is entirely probable that he can sue the BSO in court and win while at the same time get charged and convicted criminally for being a retard at the border. Sound stupid? You betcha. Can it happen? Yep.
It's not my fault the civil courts system doesn't work the way you want it too (or the way I want it to either).
That's why there are rules and laws
Rules and laws that apply to travellers and BSO's. Again, I read the article and laughed at this guy's stupidity. Trust me, I used to ask cops how they didn't spray/smash some retard they were dealing with. They responded that they had rules to follow too. Now, unless anyone here has intimate knowledge of US Customs and Border Protection UoF rules, then no one here is in any place to say that the BSO acted properly or not in the eyes of the law. Not under Canadian rules, not under what they think the rules are.
All I was trying to do was show what COULD happen in the courts. As we all know, our (and the American's) legal system is flawed at best.
Do you mean the several times he has tried this stunt before, as reported in the article?
Ah, forgot about that. In that case, there is a solid criminal case that the US border folks could bring to show a pattern of deviant behaviour at the border. As for a civil suit, maybe. Civil cases are very much at the discretion of judges, its all a matter of how it is argued. For example, the man could justify his behaviour as a result of (this is just what he may say, not my view) 'a pattern of hostility and aggression from the BSO's'.
Homework assignment for George and ArmyVern. Look up court transcripts of civil cases (google is a good start) and read them and I'm sure you'll understand what I'm saying. A warning, though. Don't drink any coffee beforehand to prevent a dangerous rise in blood pressure. You wouldn't believe the idiocy of some people's arguments, and even worse, that these arguments have won cases.
How long can a case drag on in the Courts? Does he have the gumption and stubborness to last that long?
A looooooong time. Lawyers love civil suits, they are easy to argue and whether you win or loose the lawyer still wins (financially). This man could argue his way through the court system for quite some time.