NATIONAL CITY, Calif. (KGTV) - A man who was run over by an Immigration and Customs Enforcement agent claims his blood was illegally drawn while he was in the hospital.
Ali Mendoza, who was 18 at the time of the crash, has filed a lawsuit against ICE Agent Thomas Malandris and National City Police Department Officers Benjamin Peck and Michael Nuttall.
According to the police report, agent Malandris was driving south on D Ave in National City when he collided with Mendoza who was in the crosswalk on D Ave and E 9th St.
Mendoza was taken to the hospital, where his attorney, Browne Greene, said he was put on a morphine drip.
At some point, a National City Police officer and a phlebotomist took a blood sample from Mendoza wanting to test for alcohol levels. The officer claimed he received verbal permission, but Greene disputes that.
The case draws similarities to the incident in Utah that recently received national headlines. Video showed a nurse being forcibly arrested after refusing to allow a police officer to draw the blood of an unconscious patient.
A judge has allowed Mendoza’s lawsuit to move forward. A trial date will be set where a jury will decide whether or not consent was given for the blood draw.
He is seeking financial compensation for lost wages, medical costs and a college degree.
A spokesperson for ICE said they could not comment on ongoing lawsuits. National City has not responded to our request for comment.