Maine PublicBy Michael LivingstonJanuary 31, 2026A South Portland man who says he was threatened with arrest by federal immigration officials last week has filed notice of his intent to sue ICE and the U.S. Department of Homeland Security.Robert Peck is alleging their actions violated his First Amendment rights to document and observe the agents conduct "Operation Catch of the Day," a recent immigration enforcement initiative launched by ICE in Maine.
He was following ICE when they stopped and surrounded his car and...
That's when he says the two agents stopped and approached his car. They told him he was impeding federal law enforcement by following them and he says they threatened to arrest him even though he says he kept a "safe and respectful distance from their vehicle."Peck recorded the interaction which is now posted online.The video shows agents asking Peck if he was following them. Peck replies "yes" which agents say is him admitting to impeding with federal law enforcement.The agents cite a federal statute before Peck explains he was "observing" not "impeding."One agent says, "if you keep doing it, we'll pull you back out and arrest you."
And that is why he is suing ICE, for threatening him!
Peck's attorney David Webbert says the agents caused his client emotional harm and trauma. The notice says Peck can't "drive his car without fear of violent and sudden arrest.""He thought, if they ever see him again, they could easily kill him," Webbert said.
It was a very smart move on his part. Why? It is called "Discovery." I asked Gemini about Discovery:
The Discovery "Toolbox"Lawyers don't just ask nicely for information; they use specific legal instruments to get what they need:
- Interrogatories: These are written questions that the other side must answer in writing and under oath. They are great for getting basic facts, dates, and names.
- Requests for Production (RFP): This is the "paperwork" phase. You can demand documents, emails, text messages, photos, or even physical access to a property to inspect it.
- Depositions: This is the high-drama part. A witness or party is questioned in person (or via video), under oath, with a court reporter transcribing everything. It’s used to lock in a person’s story before they take the stand at trial.
- Requests for Admission (RFA): These are "True or False" statements used to narrow the issues. For example: "Admit that you were driving a red sedan on June 1st." If they admit it, that’s one less thing to prove in court.
Just think of what we could find by digging through ICE records! I also hope this doesn't become a class action suit. Why? Because if DHS has to adjudicate each case separately, they are stuck fighting on every front. With a class action, it’s only one case—but with individual suits, they are forced to defend their actions over and over again.
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