Chicago woman shot by Border Patrol agent sues US government
In short
Marimar Martinez, a Chicago teaching aide, filed a federal civil lawsuit against the U.S. government on Monday over being shot by Customs and Border Protection agent Charles Exum during an immigration enforcement operation in October 2025. Her attorneys presented a commissioned analysis they say shows Exum fired the last shot from behind her vehicle and was not in its path, contradicting his account to the FBI, and urged prosecutors to bring criminal charges. The Department of Homeland Security said Exum was placed on administrative leave consistent with policy; the Justice Department declined to comment on ongoing litigation.
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Marimar Martinez, a Chicago teaching aide, filed a federal civil lawsuit against the U.S. government on Monday over being shot by Customs and Border Protection agent Charles Exum, her attorneys said. The suit was filed under the Federal Tort Claims Act, which allows private citizens to sue the federal government because federal agents cannot be sued directly, according to NBC News. She was shot on Oct. 4, 2025, in Chicago’s Brighton Park neighborhood during an operation known as Operation Midway Blitz, UPI and the Associated Press reported. [ 2 , 4 , 5 , 6 , 7 ]
Attorney Michael Gallagher said the lawsuit alleges negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment and malicious prosecution. “The reality is the shoot wasn’t justified. She almost lost her life as a result,” Gallagher said at a news conference. Martinez said she wants to spread awareness through the case, telling reporters: “What’s happening is not normal.” [ 2 , 4 ]
Attorneys Chris Parente and Michael Gallagher presented an analysis of bullet trajectories and her injuries that they commissioned. Parente said Exum told the FBI within hours of the shooting that Martinez drove directly at him, that he shot her five times through the windshield and that he stopped firing once he was out of the vehicle’s path, calling those “three objective lies.” He said there were only three bullet holes on the right passenger side of the windshield, a fourth shot came through the front passenger window and a bullet hole in the back of her car seat showed the fifth came from behind. The Associated Press reported the analysis concluded Exum walked several feet toward the car and fired five shots in less than a second, the last from the rear side of the vehicle. [ 1 , 4 , 5 , 6 , 7 ]
Federal prosecutors initially accused Martinez, then 30, of using her vehicle to strike and box in Exum’s SUV, then moved to dismiss the charges. UPI reported the dismissal was with prejudice, meaning the case against her is permanently closed, and that an Illinois Accountability Commission later found Exum had no justification for shooting her. The Hill reported that shortly after the shooting the Department of Homeland Security called Martinez a domestic terrorist and said she had tried to attack Exum with her car. [ 1 , 4 , 5 , 6 , 7 ]
The Department of Homeland Security said Exum was placed on administrative leave consistent with policy. NBC News reported DHS did not say whether he remains on leave and referred other questions to the Justice Department, which declined to comment on ongoing litigation; The Hill reported DHS did not comment on the case or its claims. UPI reported that Parente said there had been no updates on a federal investigation of the shooting. Martinez’s attorneys urged the Justice Department and local prosecutors to file criminal charges against Exum. [ 1 , 2 , 4 ]
The documents differ on her injuries: the Associated Press reported Martinez suffered seven gunshot wounds, while The Hill, NBC News and The New York Times said she was shot five times. The New York Times described the lawsuit as the latest in a widening push from people who claim they were harmed by the administration’s immigration crackdown and now want justice. [ 1 , 2 , 3 , 5 ]
Why it matters
The New York Times describes the suit as the latest in a widening push from people who say they were harmed by the administration’s immigration crackdown and now want justice. Because federal agents cannot be sued directly, the case tests the Federal Tort Claims Act route to seek damages from the government over a shooting during a large enforcement operation in a major U.S. city.
Key facts
- Marimar Martinez was shot by Customs and Border Protection agent Charles Exum in Chicago on Oct. 4, 2025, during an immigration enforcement operation called Operation Midway Blitz. [ 2 , 4 , 5 , 6 , 7 ]
- Martinez filed a federal civil lawsuit against the U.S. government on Monday under the Federal Tort Claims Act, which allows private citizens to sue the federal government because agents cannot be sued directly. [ 2 ]
- The lawsuit alleges negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment and malicious prosecution. [ 1 , 2 ]
- Her attorneys say a commissioned analysis of bullet trajectories shows Exum fired the last shot from behind her vehicle and was not in its path. [ 1 , 4 , 5 , 6 , 7 ]
- The Department of Homeland Security said Exum was placed on administrative leave consistent with policy; the Justice Department declined to comment on ongoing litigation. [ 1 , 2 , 4 ]
- Federal prosecutors initially charged Martinez over the encounter and later moved to dismiss the case; UPI reported the dismissal was with prejudice. [ 4 , 5 , 6 , 7 ]
- Accounts differ on her injuries: the Associated Press reported seven gunshot wounds, while other outlets said she was shot five times. [ 1 , 2 , 5 , 6 , 7 ]
- Attorneys urged the Justice Department and local prosecutors to file criminal charges against Exum. [ 2 ]
Confirmed by several sources
- Marimar Martinez was shot by Customs and Border Protection agent Charles Exum in Chicago on Oct. 4, 2025, during an immigration enforcement operation known as Operation Midway Blitz. [ 2 , 4 , 5 , 6 , 7 ]
- Martinez filed a federal civil lawsuit against the U.S. government on Monday. [ 1 , 2 , 3 , 4 , 5 , 6 , 7 ]
- Her attorneys allege that a commissioned crime scene analysis shows Exum fired at her from behind and was not in the path of her vehicle. [ 1 , 4 , 5 , 6 , 7 ]
- The Department of Homeland Security said Exum was placed on administrative leave consistent with policy. [ 1 , 2 , 4 ]
- Federal prosecutors moved to dismiss the charges they had filed against Martinez after the shooting. [ 4 , 5 , 6 , 7 ]
- The lawsuit alleges negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment and malicious prosecution. [ 1 , 2 ]
Still unclear
- How many times Martinez was struck: five or seven. The Associated Press reports seven gunshot wounds; The Hill, NBC News and The New York Times say she was shot five times, and her attorneys describe five shots fired. The documents do not reconcile the figures.
- Whether agent Charles Exum is still on administrative leave and the status of any federal investigation of the shooting. NBC News says DHS did not immediately say whether Exum remains on leave, and UPI reports her attorney said there have been no updates on a federal investigation.
- The amount of damages sought. The Hill and UPI report the lawsuit seeks damages but give no figure.
- UPI’s report that an Illinois Accountability Commission found Exum had no justification for shooting Martinez. Reported by UPI alone.
- Whether the Department of Homeland Security responded to the case’s claims. NBC News quotes a DHS statement on Exum’s leave and says DHS referred other questions to the Justice Department, while The Hill says DHS did not comment on the case or its claims.
- Whether any criminal charges will be brought against Exum. The Justice Department declined to comment on ongoing litigation, and the documents do not say whether prosecutors are reviewing the case.
What local media are saying
Timeline, local time
- The Hill publishes its report on Martinez’s lawsuit and the attorneys’ press conference in Chicago. [ 1 ]
- NBC News reports the federal civil lawsuit, its claims and the attorneys’ request for criminal charges. [ 2 ]
- The New York Times publishes its report describing the suit as the latest in a widening push for justice by people harmed in the immigration crackdown. [ 3 ]
- UPI reports the filing, the dismissal with prejudice of the earlier charges and the accountability commission finding. [ 4 ]
- The Associated Press reports that the commissioned analysis concluded Exum fired the last shot from the rear side of the vehicle; The Seattle Times carries the same account. [ 5 , 6 ]
- ABC News carries the AP account of the lawsuit and the attorneys’ allegations. [ 7 ]