U.S. citizen shot by ICE agent sues for $25 million, alleging excessive force

Carlos Jimenez, a U.S. citizen shot by an Immigration and Customs Enforcement (ICE) officer in Southern California, has sued the federal government for more than $25 million. His 54-page complaint was filed November 6. It alleges agents used excessive force and later relied on fabricated evidence to prosecute him ¹.

The lawsuit names the Trump administration, ICE officer Eusebio Ortiz, two Customs and Border Protection officers, an FBI agent and San Bernardino County. It also lists 20 unidentified defendants ¹. Jimenez makes 13 claims, including excessive force, false arrest, malicious prosecution and denial of medical care ¹.

Two accounts of the shooting

The lawsuit says Jimenez approached federal agents to warn them that children would soon gather at a nearby school bus stop. It says he was shot in the back and shoulder as he tried to drive away ¹. A local report dates the shooting to October 30, 2025, in Ontario, California ².

The Department of Homeland Security (DHS) gave a different account. A spokesperson said Jimenez was not the target of the operation and that his vehicle "attempted to run officers over by reversing directly at them without stopping." The spokesperson said the officer, "fearing for his life, fired defensive shots" ¹.

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Jimenez's lawyer says he was making a three-point turn after being told to leave and had started moving forward when he was shot ¹. The complaint says he suffered a displaced shoulder-blade fracture, and that bullet fragments remain in his torso near his right lung ¹.

Claims about the prosecution

Federal prosecutors charged Jimenez with assaulting a federal officer with his vehicle, and a grand jury indicted him on November 18, 2025 ¹. The lawsuit accuses FBI agent Estevan Banuelos of attributing statements to two people that they say they never made. It says they told a defense investigator they did not witness the shooting ¹.

On May 5, Judge Kenly Kiya Kato ordered the government to turn over phone messages and operational records the defense had sought. Prosecutors maintained that the requested text messages did not exist ¹. Jimenez then entered a diversion agreement, a deal that can end a case if the defendant meets set conditions. Kato dismissed the indictment with prejudice on November 2, so it cannot be refiled ¹.

The dismissal order made no finding that officers used excessive force or acted unlawfully. The Justice Department said Jimenez asked for diversion and that prosecutors sought dismissal once he finished its terms ¹. The lawsuit alleges prosecutors offered diversion to keep Banuelos from being questioned under oath. Those are allegations, not findings ¹.

We intend to go on with Mr. Jimenez's lawsuit, regardless of what the U.S. Attorney's Office does.

What happens next

A government claim is a required first step before suing the federal government. Jimenez's lawyer filed one in spring for $35 million, a local outlet reported in May ². The lawsuit now seeks $25 million in non-economic damages plus nearly $179,000 in medical bills, lost wages and other costs ¹. Newsweek said it was awaiting comment from DHS, the Justice Department, the FBI and the county sheriff's department ¹.

The case lands amid wider scrutiny of immigration agents. The Trace's tracker counts at least 32 shootings involving federal immigration agents since January 20, 2025, with at least nine deaths and 15 injuries ¹. A ProPublica investigation in October identified more than 500 U.S. citizens detained by federal immigration agents since then ¹.

That matters because the case will test whether agents' written accounts hold up in court. Video and witness testimony have contradicted official statements in some cases ¹. In February, two ICE officers were suspended after DHS said video suggested they made untruthful statements under oath about a Minneapolis shooting ¹.

The Record

1. Oct 30, 2025Jimenez is shot in Ontario, California, during an immigration operation ².
2. Nov 18, 2025A grand jury indicts Jimenez on a charge of assaulting a federal officer with his vehicle ¹.
3. Nov 2, 2026Judge Kenly Kiya Kato dismisses the indictment with prejudice after Jimenez completes diversion ¹.
4. Nov 6, 2026Jimenez files a 54-page federal lawsuit seeking more than $25 million ¹.

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<h2>U.S. citizen shot by ICE agent sues for $25 million, alleging excessive force</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/u-s-citizen-shot-by-ice-agent-sues-for-25-million-alleging-excessive-force">The GOP Files</a> on Monday, November 9, 2026.</em></p> <p>Carlos Jimenez, a U.S. citizen shot by an Immigration and Customs Enforcement (ICE) officer in Southern California, has sued the federal government for more than $25 million. His 54-page complaint was filed November 6. It alleges agents used excessive force and later relied on fabricated evidence to prosecute him .</p> <p>The lawsuit names the Trump administration, ICE officer Eusebio Ortiz, two Customs and Border Protection officers, an FBI agent and San Bernardino County. It also lists 20 unidentified defendants . Jimenez makes 13 claims, including excessive force, false arrest, malicious prosecution and denial of medical care .</p> <h2>Two accounts of the shooting</h2> <p>The lawsuit says Jimenez approached federal agents to warn them that children would soon gather at a nearby school bus stop. It says he was shot in the back and shoulder as he tried to drive away . A local report dates the shooting to October 30, 2025, in Ontario, California .</p> <p>The Department of Homeland Security (DHS) gave a different account. A spokesperson said Jimenez was not the target of the operation and that his vehicle &quot;attempted to run officers over by reversing directly at them without stopping.&quot; The spokesperson said the officer, &quot;fearing for his life, fired defensive shots&quot; .</p> <p>Jimenez&#39;s lawyer says he was making a three-point turn after being told to leave and had started moving forward when he was shot . The complaint says he suffered a displaced shoulder-blade fracture, and that bullet fragments remain in his torso near his right lung .</p> <h2>Claims about the prosecution</h2> <p>Federal prosecutors charged Jimenez with assaulting a federal officer with his vehicle, and a grand jury indicted him on November 18, 2025 . The lawsuit accuses FBI agent Estevan Banuelos of attributing statements to two people that they say they never made. It says they told a defense investigator they did not witness the shooting .</p> <p>On May 5, Judge Kenly Kiya Kato ordered the government to turn over phone messages and operational records the defense had sought. Prosecutors maintained that the requested text messages did not exist . Jimenez then entered a diversion agreement, a deal that can end a case if the defendant meets set conditions. Kato dismissed the indictment with prejudice on November 2, so it cannot be refiled .</p> <p>The dismissal order made no finding that officers used excessive force or acted unlawfully. The Justice Department said Jimenez asked for diversion and that prosecutors sought dismissal once he finished its terms . The lawsuit alleges prosecutors offered diversion to keep Banuelos from being questioned under oath. Those are allegations, not findings .</p> <blockquote><p>We intend to go on with Mr. Jimenez&#39;s lawsuit, regardless of what the U.S. Attorney&#39;s Office does.</p><p>&mdash; Greg Jackson, attorney for Carlos Jimenez</p></blockquote> <h2>What happens next</h2> <p>A government claim is a required first step before suing the federal government. Jimenez&#39;s lawyer filed one in spring for $35 million, a local outlet reported in May . The lawsuit now seeks $25 million in non-economic damages plus nearly $179,000 in medical bills, lost wages and other costs . Newsweek said it was awaiting comment from DHS, the Justice Department, the FBI and the county sheriff&#39;s department .</p> <p>The case lands amid wider scrutiny of immigration agents. The Trace&#39;s tracker counts at least 32 shootings involving federal immigration agents since January 20, 2025, with at least nine deaths and 15 injuries . A ProPublica investigation in October identified more than 500 U.S. citizens detained by federal immigration agents since then .</p> <p>That matters because the case will test whether agents&#39; written accounts hold up in court. Video and witness testimony have contradicted official statements in some cases . In February, two ICE officers were suspended after DHS said video suggested they made untruthful statements under oath about a Minneapolis shooting .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/u-s-citizen-shot-by-ice-agent-sues-for-25-million-alleging-excessive-force">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/u-s-citizen-shot-by-ice-agent-sues-for-25-million-alleging-excessive-force.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. Newsweek, “US Citizen Shot by ICE Agent Files $25M Lawsuit” (2026-11-09). newsweek.com/us-citizen-shot-ice-agent-files-25m-lawsuit-126
2. San Bernardino County Sentinel, “U.S. Attorney's Office Disposed Toward Dismissing Charges Against Ontario Man Shot By ICE Agent” (2026-05-08). sbcsentinel.com/2026/05/u-s-attorneys-office-disposed-toward

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