Chicago Teacher Shot by Border Patrol Agent Files Federal Lawsuit, Alleging Cover-Up

• by Shimanta Das
• October 7, 2026

A Chicago teacher who was shot five times by a Border Patrol agent in 2022 has filed a federal civil lawsuit against the U.S. government, her attorneys announced Monday. The lawsuit alleges that new evidence shows the agent was not in danger for his life and should face criminal charges. The teacher, Martinez, maintains that she was driving away from the agents when one of them fired into her vehicle. The charges against her were dropped in November, but a Department of Homeland Security statement labeling her a “domestic terrorist” has remained online, prompting further outrage and legal action.

During Martinez’s court case, defense attorneys discovered that the agent who shot her, Exum, was allowed by Border Patrol to drive his vehicle—a Chevy Tahoe—approximately 1,100 miles to his home base in Maine after the shooting, before the defense could inspect it for signs of damage. Subsequent court filings revealed that the vehicle had been buffed with a rag by a Customs and Border Protection mechanic in Maine who attempted to remove scuff marks, but it had not been otherwise repaired. This handling of evidence has raised serious questions about the integrity of the investigation and the possibility of a cover-up.

“What we’ve done here as a defense team is that we essentially became our own Department of Justice,” said one of Martinez’s attorneys, highlighting the lack of accountability and the need for independent oversight. The lawsuit seeks to hold the government accountable for the shooting and the subsequent actions that obscured the truth. The fact that the DHS statement labeling Martinez a “domestic terrorist” remains online despite the dropped charges adds to the case’s urgency, as her legal team argues it continues to damage her reputation and presupposes guilt.

The federal lawsuit marks a significant escalation in the pursuit of justice for Martinez, who survived the harrowing incident. Her attorneys argue that the evidence clearly shows the agent was not in imminent danger and that the handling of the vehicle was improper. They are calling for criminal charges against the agent and for systemic reforms to prevent such abuses of power. As the case moves forward, it will likely reignite debates over law enforcement accountability and the treatment of individuals by federal agents.