Chehade Refai v. Lazaro

614 F.Sup.2d 1103 (2009)

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Chehade Refai v. Lazaro

United States District Court, D. Nevada
614 F.Sup.2d 1103 (2009)

Facts

Mohamed Majed Chehade Refai (Chehade) (plaintiff) brought a claim for intentional infliction of emotional distress (IIED) against Peter Lazaro (defendant), a Department of Homeland Security (DHS) Senior Special Agent of Investigation. Chehade flew from Germany to Las Vegas to visit his daughter. Due to a mistake in the terrorist watchlist, Chehade was stopped by border immigration officials and detained for three days. Officers twice ordered Chehade to strip, kneel, and cough so they could visually examine his anus and genitals. On the second day of questioning, Lazaro and another agent told Chehade that they were the only people who could help him, and only if he cooperated. Lazaro told Chehade that he would not be able to return to the US if he did not spy against Germany when he returned home. Lazaro knew that Chehade took heart medication due to a massive heart attack and multiple bypass surgeries. However, Chehade was denied his heart medication for 36 hours while he had dangerously high blood pressure, an arrhythmic heartbeat, and nosebleeds. On his third day of detention, Chehade was released from custody. However, he was forced to wear handcuffs in public while officials told the press that Chehade had been detained because of a criminal record or terrorism issue. Chehade sued, and Lazaro filed a motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Pro, J.)

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