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Family of Dead Migrant Sues U.S. for Wrongful Death

NOGALES, AZ - DECEMBER 07:  U.S. Border Patrol agents Richard Funke (R) and Colleen Agle walk along a patched section of the border fence at the U.S.- Mexico border on December 7, 2010 near Nogales, Arizona. Although a new fence has been built along the majority of Arizona's border with Mexico, critics have called for fencing of the entire stretch. Much of the unfenced terrain is in remote and mountainous areas.  (Photo by John Moore/Getty Images)

NOGALES, AZ - DECEMBER 07: U.S. Border Patrol agents Richard Funke (R) and Colleen Agle walk along a patched section of the border fence at the U.S.- Mexico border on December 7, 2010 near Nogales, Arizona. Although a new fence has been built along the majority of Arizona's border with Mexico, critics have called for fencing of the entire stretch. Much of the unfenced terrain is in remote and mountainous areas. (Photo by John Moore/Getty Images)  (2010 Getty Images)

The family of a Mexican man who died after a U.S. Immigration agent allegedly shot him with a stun gun is suing the federal government in a wrongful death lawsuit that says 25 agents used excessive force.

According to the lawsuit, Anastacio Hernández laid on the ground at a San Diego border crossing May 28 as some stepped on the back of his knees as he cried for help. An agent allegedly silenced the 42-year-old construction worker by shooting him several times with the stun gun.

Family attorney Eugene Iredale said key evidence includes a witness' cell-phone audio of Hernández crying for help and a witness telling agents to stop.

"This was a man who was frightened and who was really, at the time, pleading for his life," Iredale said at a news conference that was organized by the Mexican consulate in San Diego.

Mexican President Felipe Calderón has vigorously denounced the incident, saying a death "with that degree of violence is a truly unacceptable violation." The consulate said in a statement Wednesday that the Mexican government "reiterates its strongest condemnation of the incident that led to the death of one of its citizens."

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The lawsuit, filed in federal court in San Diego, seeks unspecified damages.

Jackie Wasiluk, a spokeswoman for U.S. Customs and Border Protection, said she would not comment on pending litigation. San Diego police have said an unnamed CBP officer fired the stun gun.

Iredale said the U.S. Justice Department's civil rights division is reviewing a San Diego police investigation to determine if criminal charges will be filed, and had not decided as of Tuesday. He said the U.S. attorney's office in San Diego recused itself because of its close relationship with the agencies involved.

The government denied the family's administrative claim for damages last month, a required precursor for a lawsuit. Iredale said he will now gain access to police reports and names of the agents involved.

The San Diego County coroner has ruled the death a homicide. The cause was determined to be a heart attack, with methamphetamine abuse and hypertension listed as contributing factors.

Hernández had lived in the San Diego area for more than 20 years, according to the lawsuit. He is survived by his partner, Maria Puga, and their five children, ages 4 to 20.

Relatives have told the American Friends Service Committee that Hernández was deported last May after being stopped for a traffic violation in San Diego. He returned to the U.S. through the rugged mountains east of San Diego and was arrested by the Border Patrol. He was being escorted back to Tijuana, Mexico, when he was shot with the stun gun.

Based on reporting by the Associated Press.

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