TUCSON, Ariz. (CN) - Customs and Border Protection agents roughed up a U.S. citizen returning from a dental appointment in Mexico after finding his U.S.-bought prescription medication for his diabetes, arthritis and lung problems, the man and his wife claim in Federal Court.
Felix and Barbara Khan say border agents manhandled Felix at the Andrade Port of Entry, west of Yuma, in California's Imperial Valley, on June 4, 2010.
"Plaintiff, Felix Khan, is diabetic and also suffers from severe arthritis and a severe lung condition which requires that he carry his prescription medication with him," the complaint states. "The prescription medication and medical protocol were prescribed and designed by plaintiff's physicians at the University Medical Center in Tucson, Arizona."
Khan claims that the border patrol agents, whom he believed are named Johnson and Tagaban, accused him of "carrying illegal contraband because two different dosages of Atarax were in the same bottle."
Atarax is an antihistamine.
"When plaintiff protested the accusations, CBP agent/employee Tagaban physically took plaintiff into custody and initiated a pat down by forcefully throwing plaintiff against a wall and injuring his severely arthritic shoulder," according to the complaint.
"Plaintiff was then locked in a cell until a CBP supervisor believed to be named Bowles intervened and plaintiff was given a complaint form and released and allowed to leave the premises."
Khan claims the agent used excessive force to intimidate and harass him.
He seeks damages for pain and suffering, medical expenses, lost wages and emotional distress.
He is represented by Richard Gonzales of Tucson.
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