Chinese tourist awarded US$461,000 after false arrest and beating by US border guards
Border agents mistakenly thought Zhao Yan was part of a drug gang in the 2004 incident
A federal judge has ruled in favour of a Chinese businesswoman who sued the US government after being injured during a 2004 confrontation with American border agents at Niagara Falls.
Following a non-jury trial in Rochester, New York, Judge Elizabeth Wolford awarded Zhao Yan US$461,000 for false arrest, medical expenses, pain and suffering and lost earnings. Her 2006 civil rights lawsuit sought US$10 million in damages.
Wolford’s ruling Monday found the government liable for US Customs and Border Protection Officer Robert Rhodes “assault and battery and false arrest” of Zhao at the Rainbow Bridge US-Canada border crossing in Niagara Falls.
The judge found she was entitled to recover US$385,000 for past and future pain and suffering, US$64,000 in past medical expenses, US$1,800 in lost earnings and US$10,000 for false arrest. She was never charged with anything.
Rhodes initially was fired and criminally charged with violating Zhao’s civil rights. He was acquitted at a 2005 trial and eventually reinstated to his job. A lawyer for Rhodes did not immediately respond to a request for comment Tuesday.