CHICAGO — Marimar Martinez filed a lawsuit against the federal government on Monday. The complaint alleges negligence and civil rights violations after she was shot seven times by Customs and Border Protection agent Charles Exum in Chicago.

The shooting occurred on October 4, 2025, during Operation Midway Blitz in Chicago. Exum fired five shots at Martinez, who sustained seven gunshot wounds. The U.S. Department of Homeland Security initially claimed that Martinez was blocking Border Patrol agents and that she attempted to ram agents with her vehicle before Exum exited his vehicle and opened fire.

Martinez is a U.S. citizen who held a valid concealed-carry license at the time of the incident. She had a firearm stored in a pink holster inside her purse. According to a federal tort claim filed in February 2026, the weapon was legally possessed.

The lawsuit was filed under the Federal Tort Claims Act, which allows citizens to sue the U.S. federal government. Federal agents cannot be directly sued, the attorneys said. Exum is not a defendant in the lawsuit. The complaint lists claims of negligence, battery, assault, intentional infliction of emotional distress, false imprisonment, false arrest, and malicious prosecution.

Attorney Chris Parente represents Martinez and has previously represented clients in high-profile cases involving federal law enforcement misconduct, according to public court records. He stated that forensic analysis determined Exum was not in the path of Martinez's vehicle when he fired. Parente said Charles Exum told the FBI within hours of the shooting that Marimar Martinez was driving directly at him, that he shot her five times through the windshield, and that he ceased firing once he was no longer in the path of the vehicle.

He added that there were only three bullet holes in the right passenger side of Martinez's windshield. He stated that the fourth shot was fired through the front passenger side window and the fifth shot was fired from behind the vehicle into the back of the car seat.

Text messages released during the investigation revealed discrepancies in the official account. Exum wrote in text messages: "I fired 5 rounds and she had 7 holes. Put that in your book boys." He also wrote: "Read it. 5 shots, 7 holes." Border Patrol Agent Exum had previously bragged about his marksmanship to fellow agents, as revealed in text messages shared during the investigation.

Text messages showed agents calling Exum a "legend." Text messages released by attorneys showed former Border Patrol head Greg Bovino praised Exum for his "excellent service in Chicago." He did not activate his body camera during the shooting.

Following the incident, federal prosecutors initially charged Martinez with assaulting a federal agent. Federal prosecutors dismissed the charges against Martinez 46 days after the shooting. Homeland Security officials labeled Martinez a domestic terrorist after the shooting. Customs and Border Protection stated that Exum was placed on administrative leave.

The Illinois Accountability Commission concluded in April that Exum shot an unarmed civilian without apparent justification. The commission also concluded that evidence was deliberately tampered with and destroyed. It further concluded that federal agents produced materially inaccurate official reports. The Chicago Police Department is investigating the shooting.

Martinez stated that she is filing the lawsuit to prevent the normalization of such shootings and referenced Renee Good, who was shot dead by a federal agent in Minneapolis. The state of Illinois and city of Chicago filed a lawsuit against Homeland Security alleging Operation Midway Blitz was designed to coerce them into assisting with deportation efforts. A federal judge will decide on November 17 whether to allow the lawsuit by Illinois and Chicago to proceed.

Why It Matters

This case shows ongoing disputes over federal law enforcement tactics during immigration operations. The separate lawsuit by Illinois and Chicago challenges the coercive nature of Operation Midway Blitz, with a judicial decision pending in November. The dismissal of criminal charges against Martinez and the findings of the Illinois Accountability Commission regarding evidence tampering and inaccurate reports indicate inconsistencies with the initial federal narrative.

Timeline

A proposed consent decree was issued regarding the Clean Water Act in accordance with the Environmental Protection Agency (EPA) Administrator's memorandum titled Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency. On October 4, 2025, Marimar Martinez was shot by Customs and Border Protection agent Charles Exum. On that same day, Homeland Security officials labeled Marimar Martinez a domestic terrorist after the shooting. Charles Exum fired five shots at Marimar Martinez on October 4, 2025. Federal prosecutors initially charged Marimar Martinez with assaulting a federal agent on October 4, 2025. Charles Exum wrote in text messages on October 4, 2025: I fired 5 rounds and she had 7 holes. Put that in your book boys. He also wrote on October 4, 2025: Read it. 5 shots, 7 holes. Text messages released by attorneys showed former Border Patrol head Greg Bovino praised Charles Exum for his "excellent service in Chicago" on October 4, 2025.

What's New

Additional reporting indicates that Governor JB Pritzker stated that Marimar Martinez deserves true justice and accountability from the federal government. Marimar Martinez had a valid concealed-carry license and a handgun in her purse at the time of the shooting, according to a federal tort claim filed in February 2026. Federal prosecutors dismissed the charges against Marimar Martinez 46 days after the shooting.

Marimar Martinez held a valid concealed-carry license at the time of the shooting, with a firearm stored in a pink holster inside her purse. Put that in your book boys. Exum wrote in text messages: Read it. 5 shots, 7 holes.