Marimar Martinez, a Chicago teaching aide, filed a federal lawsuit against the U.S. government after being shot five times by Border Patrol agent Charles Exum in October. The incident occurred during Operation Midway Blitz, an immigration enforcement surge under the Trump administration. Attorneys for Martinez argue that evidence shows Exum was not in danger and should face criminal charges. The lawsuit, filed a year later, includes claims of negligence, battery, and emotional distress, among others, under the Federal Tort Claims Act since federal agents cannot be sued directly.
Written locally by qwen2.5:14b on 2026-10-05,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
Marimar Martinez, a teaching aide from Chicago, filed a federal civil lawsuit against the U.S. government on Monday following an incident where she was shot five times by Customs and Border Protection (CBP) agent Charles Exum in October 2021. The shooting occurred during Operation Midway Blitz, a mass immigration enforcement surge initiated under the Trump administration. Martinez's legal team asserts that new evidence indicates Agent Exum was not in danger at the time of the incident and should face criminal charges.
The lawsuit, filed exactly one year after the shooting, is brought under the Federal Tort Claims Act, which permits citizens to sue the federal government but does not allow direct lawsuits against individual agents. Martinez's attorneys claim that the shooting was unjustified and have presented a visual reconstruction based on bullet markings in her vehicle, surveillance video footage, and medical evidence of her injuries.
Attorney Michael Gallagher stated during a news conference that Martinez has been grappling with both physical and mental health issues since the incident. The lawsuit includes claims of negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment, and malicious prosecution.
Written for “Police Shooting Lawsuit” on 2026-10-05,
grounded in this article and the 0 other(s) covering the same event.
A woman who survived being shot five times by a Border Patrol agent in Chicago filed a federal civil lawsuit Monday against the U.S. government as her attorneys allege that new evidence shows the agent was not in danger for his life and should face criminal charges.
asserted
agent → survive → charges
Marimar Martinez, a teaching aide at a Montessori school, was shot in her car by Customs and Border Protection agent Charles Exum in October.
asserted
Martinez → shoot → October
The shooting occurred during the Trump administration’s mass immigration enforcement surge in Chicago last year, known as Operation Midway Blitz.
asserted
shooting → occur → Blitz
The lawsuit was filed a year after Martinez was shot under the Federal Tort Claims Act, which allows citizens to sue the federal government.
uncertain
citizens → file → government
Federal agents cannot be directly sued, the attorneys said.
asserted
attorneys → sue → ?
The lawsuit alleges negligence, battery, assault, intentional affliction, emotional distress, false arrests, false imprisonment and malicious prosecution, attorney Michael Gallagher said at a news conference Monday.
“The reality is the shoot wasn’t justified.
asserted
shoot → allege → conference
She almost lost her life as a result.
asserted
She → lose → result
She’s been dealing with the physical and mental injuries ever since then,” he said.
asserted
he → deal → injuries
The attorneys also urged the Justice Department and local prosecutors to file criminal charges against Exum.
asserted
attorneys → urge → Exum
The Department of Homeland Security said in a statement that consistent with policy, Exum was placed on administrative leave, though it did not immediately say whether Exum is still on leave.
asserted
Exum → say → leave
DHS referred all other questions to the Justice Department, which declined to comment on ongoing litigation.
asserted
which → refer → litigation
According to Christopher Parente, also an attorney for Martinez, the investigation and an analysis of the scene his firm commissioned showed that Border Patrol agent Charles Exum shot Martinez without justification and was not in danger at the time of the shooting.
uncertain
Exum → accord → shooting
The attorneys showed a visual reconstruction alleging where Exum would have been standing as he opened fire on Martinez based on the bullets’ markings in her vehicle, her wounds and surveillance video.
asserted
he → show → vehicle
Martinez was not driving at Exum when he shot her five times, as he had previously claimed, the attorneys said.
asserted
attorneys → drive → her
One of the bullets, they alleged, went through the side of the rear passenger-side car seat, which showed Exum could not have been standing in front of the car when he shot.
uncertain
he → allege → car
She was actually driving away from him, and we established that he charged her,” Gallagher said.
asserted
Gallagher → drive → her
Exum was not wearing a body camera at the time of the shooting.
asserted
Exum → wear → shooting
In August, DHS said all ICE officers and agents in the field would be required to wear body cameras.
asserted
officers → say → cameras
Martinez spoke briefly at the news conference, saying, “Right now, we’re just focused on moving forward with the civil case and just heal emotionally and physically.”
“I’m just glad to see another year, be with my family,” she said.
asserted
she → speak → family
I want to spread awareness, because what’s happening is not normal.
asserted
happening → want → awareness
We shouldn’t stay here and normalize what’s happening.”
asserted
what → stay → ?
After the shooting, Martinez and another person at the scene were charged with using their vehicles to attempt to ram federal law enforcement officers, but the charges were dropped after federal prosecutors filed a motion to dismiss their own case.
asserted
prosecutors → charge → case
The motion came after additional video of the incident was shown and after it was revealed that Exum had bragged about the shooting in messages to other officers.
asserted
Exum → come → officers
According to Reuters, records presented at the hearing showed that in a group Signal chat with other agents, Exum wrote: “I fired 5 rounds and she had 7 holes.
uncertain
she → accord → holes
In a message to another recipient, Exum sent a news article about the event followed by the message: “Read it.
asserted
Exum → send → it
5 shots, 7 holes,” Reuters reported.
asserted
Reuters → report → ?
Parente asked Exum what he meant by those messages at the time.
asserted
he → ask → time
According to records presented at a hearing, Exum responded: “I’m a firearms instructor and I take pride in my shooting skills.”
uncertain
I → accord → skills
Martinez’s case has been one of the highest-profile examples of federal authorities accusing civilians of ramming into vehicles driven by immigration agents.
asserted
authorities → accuse → agents
The Aporia
