Martinez sues U.S. over Border Patrol shooting, citing new trajectory analysis

Key points

• Martinez, a Montessori teaching aide, was shot five times by agent Charles Exum in Chicago’s Brighton Park neighborhood during Operation Midway Blitz in October 2025.
• The lawsuit, filed under the Federal Tort Claims Act, names the U.S. government as the defendant, as federal agents cannot be directly sued for on-duty actions.
• Attorneys Michael Gallagher and Christopher Parente allege that a new reconstruction by expert Jeremy Bauer proves Exum was not in front of the vehicle and that the final shot went through the rear passenger seat.
• The suit includes seven counts: negligence, battery, assault, intentional infliction of emotional distress, malicious prosecution, false arrest, and false imprisonment.
• Martinez and another individual were previously charged with ramming federal agents, but those charges were dropped after Exum’s bragging messages were revealed.
• DHS placed Exum on administrative leave following the shooting, though it did not confirm if he remains on leave.

Background

This case is part of a broader pattern of legal challenges against federal immigration enforcement actions under the Trump administration. In January 2026, the family of Renee Good, a Minneapolis mother fatally shot by an ICE officer, filed dual lawsuits against the U.S. government and specific officials, including Kristi Noem and Stephen Miller. Additionally, former Border Patrol Chief Gregory Bovino is under internal investigation regarding his conduct during similar enforcement operations in Chicago and Minneapolis. These cases highlight ongoing tensions between federal immigration enforcement and civil rights advocates.

How outlets are covering it

NBC News and the Chicago Tribune both emphasize the new bullet trajectory analysis as a key piece of evidence, with the Tribune noting that expert Jeremy Bauer’s reconstruction contradicts Exum’s initial claims. The Chicago Sun-Times focuses on the push for criminal charges, highlighting the attorneys’ call for the Justice Department to act. All sources agree that the lawsuit is a significant step in holding federal agents accountable for excessive force during immigration enforcement operations.

Why it matters

The lawsuit underscores the legal and political ramifications of aggressive immigration enforcement tactics. It challenges the justification for use of force by federal agents and may set a precedent for future cases involving civilian injuries during Operation Midway Blitz and similar operations. The outcome could influence policy and accountability measures within the Department of Homeland Security.

What to watch

The Justice Department is expected to review the lawsuit and the new evidence. If federal authorities decline to pursue criminal charges, the case may shift to Cook County State’s Attorney Eileen Burke, who has promised to investigate. The civil lawsuit will proceed in U.S. District Court, with potential implications for federal immigration enforcement policies.