US Citizen Shot by ICE Told Not to 'Ruin Their Vehicle' While Vomiting, $25M Lawsuit Claims

A U.S. citizen shot by an Immigration and Customs Enforcement (ICE) officer in Southern California alleges FBI agents removed him from hospital and warned him not to 'ruin their vehicle' as he vomited. Carlos Jimenez's ICE lawsuit, filed on 6 November 2026, seeks more than $25 million (£18.5 million).

Jimenez was not the operation's target, according to the complaint. He says he approached agents to warn that children would gather at a nearby school bus stop. The filing alleges ICE Enforcement and Removal Operations officer Eusebio Ortiz shot him as he drove away.

The complaint was filed in federal court in California. The allegations remain untested.

Two Accounts of the ICE Shooting

The complaint says Ortiz pointed a gun at Jimenez and threatened to shoot if he did not leave. He allegedly displayed pepper spray before firing through a rear passenger-side window as Jimenez turned his Lexus.

DHS said Jimenez had been ordered to leave and his car then 'attempted to run officers over by reversing directly at them without stopping'. Jimenez's lawyer says he was making a three-point turn.

The complaint says Jimenez suffered gunshot wounds and a displaced fracture of his right shoulder blade. Bullet fragments allegedly remained near his right lung. He was taken to Riverside Community Hospital.

Lawsuit Recounts Hospital Removal and Criminal Case

The lawsuit alleges FBI agents removed Jimenez from hospital, handcuffed him and drove him back to the scene. He allegedly vomited in their van, where an agent said not to 'ruin their vehicle'. The complaint says he was later denied medical care at West Valley Detention Center.

Prosecutors charged Jimenez with assaulting a federal officer with his vehicle. A grand jury indicted him on 18 November 2025. On 5 May 2026, U.S. District Judge Kenly Kiya Kato ordered the government to produce communications and operational records.

After Jimenez completed a diversion agreement, Kato dismissed the indictment with prejudice on 2 November 2026. The Justice Department said Jimenez requested diversion and a pause to the discovery order. The dismissal did not determine whether officers acted unlawfully.

The complaint accuses FBI Special Agent Estevan R. Banuelos of fabricating statements attributed to Manuel Villareal and Beatrice Morales. It alleges both denied telling investigators Jimenez had room to drive forward and said they did not witness the shooting. These claims remain unproven.

Jimenez brings 13 claims, including excessive force, false arrest, malicious prosecution and denial of medical care. He seeks $25 million (£18.5 million) in non-economic damages, plus nearly $179,000 (£132,600) in expenses and losses.

The case comes amid scrutiny of immigration enforcement. The Trace recorded 32 incidents in which immigration agents shot at people since President Donald Trump returned to office on 20 January 2025, resulting in nine deaths and 15 injuries. ProPublica documented 506 U.S. citizens detained by immigration agents between January 2025 and September 2026.

Jimenez left the criminal case without a conviction. His civil lawsuit seeks to establish whether federal officers are legally responsible.