Judge refuses to overturn judgment against rancher

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by The Associated Press

azfamily.com

Posted on June 1, 2011 at 9:13 AM

Updated Wednesday, Jun 1 at 9:15 AM

BISBEE, Ariz. (AP) -- A Cochise County Superior Court judge has refused to overturn a civil judgment against an Arizona man in an assault case against two illegal immigrants in Texas.

Casey Nethercott served about five years in prison in Texas for felony firearm possession. He later lost his ranch near Douglas in a civil suit.

Judge James Conlogue denied a motion to vacate the judgment against Nethercott based on a new Arizona law that prohibits a person who is present in Arizona in violation of federal immigration law from being awarded punitive damages in any action in any court in the state.

The Sierra Vista Herald reports the judge said there is no proof the illegal immigrants were ever present in Arizona, and the date of the incident was in 2003, prior to the law's retroactive date of Jan. 1, 2004.

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