LOS ANGELES—George Retes, a U.S. citizen and Iraq War veteran, was detained by Immigration and Customs Enforcement (ICE) and other federal agencies for three days and three nights. During that time, he was denied access to an attorney, was not allowed to make a phone call, was not presented to a judge, and was put in an isolation cell. He missed his daughter’s third birthday. He was never charged with a crime.

Now, George has taken steps to sue the U.S. government under the Federal Tort Claims Act (FTCA) for his unconstitutional detention—by submitting claims to the federal agencies involved. George is represented by the Institute for Justice (IJ), a nonprofit public interest law firm that recently won an FTCA case at the U.S. Supreme Court.

“I’m calling out the federal government not just for what they did to me, but for what they are doing to others,” said George. “I’m continuing to fight for this country, now as a civilian.”

George was on his way to his security guard job at a Southern California farm when he encountered an ICE roadblock, along with protesters and observers. Not wanting to lose his shift, he asked agents to let him get through. As protestors and agents clashed, George’s car became engulfed in tear gas.  

An officer broke George’s car window. Another pepper sprayed him. They dragged George out of his car and forced him to the ground. One officer put a knee on George’s neck. Another put a knee on George’s back, even though he was not resisting.

Without checking George’s ID, federal agents detained George, transporting him first to a nearby navy base, then to the Metropolitan Detention Center in Los Angeles, where he was held for three days and nights. George pleaded with them to explain to him why he was being detained and told them that he didn’t want to miss his daughter’s third birthday.

George’s pleas were met with silence. He was not given a hearing before a judge, a phone call to family, or contact with an attorney. Though he was covered in tear gas and pepper spray, the facility never allowed George to shower. On the second day, George was placed on suicide watch in an isolated cell. While George’s family searched for him frantically, George remained locked in a cell, incommunicado without any explanation of alleged wrongdoing.

He was released with no apology and no charges. He lost work and missed his daughter’s birthday party.

“John Adams famously said that we are a nation of laws, not of men,” said IJ Attorney Marie Miller. “That is not true if federal agents can, with impunity, strip Americans like George of their rights. George’s claims to the federal agencies are a critical step to enforce the Constitution and other laws in court.”

The FTCA was created to allow people to sue the federal government when they are harmed by government employees. The law was amended by Congress in 1974 to explicitly permit suits for false arrest and other law enforcement abuses.

The FTCA requires plaintiffs, before filing their claims in court, to first submit claims to the responsible federal agencies. Only once the federal agencies deny those claims, either expressly or implicitly by taking no action within six months, can a victim enter the courthouse door.

Also, federal courts across the country interpret the FTCA’s various exceptions to liability differently. Similar claims may move forward in one part of the country but be dismissed in another. IJ recently won at the Supreme Court on behalf of an Atlanta family whose home was wrongly raided by an FBI SWAT team. The Court revived all the lawsuit’s claims and the Martin family will have an opportunity to argue that their FTCA suit does not fall into one of the law’s exceptions. IJ also filed a lawsuit earlier this year on behalf of an Arizona grandmother mistakenly arrested by U.S. Marshals.

“Disappearing people for no reason violates the contract made between us and our government,” said IJ Senior Attorney Anya Bidwell. “Without accountability for horrible actions, our relationship with our government will remain broken. By choosing to fight in courts, George is doing his part in repairing this relationship. Just as he did his part when he served his country in Iraq.”