CHARLOTTE — Willy Wender Aceituno, a U.S. citizen, filed federal damages claims against the U.S. government Wednesday following a confrontation in Charlotte where border patrol agents allegedly shattered his car window and wrongfully detained him despite previously confirming his citizenship.
According to the claim, the filing targets U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and the Department of Homeland Security for actions taken on Nov. 15, 2026, during a law enforcement surge known as “Operation Charlotte’s Web.”
Aceituno is represented by the American Civil Liberties Union of North Carolina among other legal groups.
According to a release from the ACLU, he claims he was stopped twice within minutes by federal agents in a restaurant parking lot while getting food before work. During the initial stop, agents verified his citizenship and left. Moments later, he says federal agents surrounded his vehicle a second time.
Agents then shattered the car window and pulled Aceituno to the ground. Despite repeated statements from Aceituno and witnesses that his identification had already been verified, agents proceeded to handcuff him. A video of the confrontation was widely shared on social media and news outlets.
[ READ MORE >> Video appears to show Border Control agent breaking window of man being detained ]
Aceituno was placed into an unmarked SUV and driven around Charlotte before agents confirmed for a second time that he was a U.S. citizen with no criminal record. He was released more than two miles from his vehicle without an explanation, medical assistance or transportation.
The legal claims against the agents include false arrest, unlawful detention, assault, excessive force and interference with personal property. The filing also alleges violations of the Fourth Amendment regarding unlawful search and seizure and the Fifth Amendment regarding the denial of due process.
Aceituno is also one of five plaintiffs in a class action lawsuit filed last week. That separate lawsuit challenges warrantless immigration arrests across North Carolina.
Channel 9 reached out to the Department of Homeland Security regarding the lawsuit on Feb. 25. A spokesperson responded with the following statement:
“The ACLU should just change its name. It’s clear they only care about illegal aliens — not Americans.
“Allegations that DHS law enforcement engages in ‘racial profiling’ are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S.—NOT their skin color, race, or ethnicity. There are no ‘indiscriminate stops being made. DHS conducts enforcement operations in line with the U.S. Constitution and all applicable federal laws without fear, favor or prejudice. The Supreme Court recently vindicated us on this question elsewhere, and we look forward to further vindication in this case as well."
VIDEO: Man arrested in east Charlotte was living in US illegally, ICE confirms
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