U.S. Border Patrol Agent Indicted on Federal Civil Rights Charge for Assault in Federal Detention Facility

WASHINGTON – A U.S. Border Patrol agent has been indicted by a federal grand jury in Tucson, Ariz., on federal civil rights charges related to an alleged assault on a detainee at a federal detention facility, announced Acting Assistant Attorney General Loretta King of the Civil Rights Division and U.S. Attorney for the District of Arizona Diane J. Humetewa. 

The two-count indictment, returned on March 11, 2009, alleges that on May 10, 2006, Eduardo Moreno violated the civil rights of a federal detainee by assaulting and causing bodily injury to the individual while Moreno was on duty at the U.S. Border Patrol processing facility in Nogales, Ariz. The indictment also alleges that Moreno made false entries in a U.S. Customs and Border Protection memorandum that described the incident.

If convicted, Moreno faces a maximum prison sentence of 15 years and a fine of $500,000. An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.

The FBI and U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility are investigating this matter. The case is being jointly prosecuted by Assistant U.S. Attorney Sandra M. Hansen of the U.S. Attorney’s Office for the District of Arizona and Trial Attorney Edward Chung of the Civil Rights Division.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement or other government officials.