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Marimar Martinez files lawsuit against federal government over Border Protection shooting

Marimar Martinez, who was shot five times by a U.S. Customs and Border Protection agent during the height of Operation Midway Blitz in Chicago, has filed a civil lawsuit against the federal government.

One year after she was shot five times by CBP Agent Charles Exum, Martinez and her legal team officially filed their lawsuit.

"There's been no investigation, there's been no charges," said attorney Chris Parente. "We essentially became our own Department of Justice."

In the process, they hired their own expert on reconstructing shootings.

"We have put together conclusive proof, we believe, to charge Charles Exum with criminal charges here in Illinois," Parente said.

They put together a compilation of bodycam footage and surveillance video, and used the location of the bullet holes in Martinez's car and her body.

"He shot those five shots. He was in no way, shape, or form in the pathway of the vehicle. She was actually driving away from him," Parente said. "Shot four was shot right through the front right passenger side window, which again, there is no world that a shot like this, by a U.S. law enforcement officer on Kedzie Avenue on a nice Saturday morning, should ever be justified."

They hope the new evidence revealed in the civil suit will assist the Chicago Police Department and FBI in their own investigations.

Martinez said she never would have pursued the lawsuit had it not been for the shooting deaths of Renee Good and Alex Pretti by immigration agents in Minneapolis, and other shootings at the hands of immigration agents.

"If I don't, then who else?" Martinez said. "You know? Look what happened to Renee [Good] and all of these victims. So, I want a stop. I have a voice, and I do matter."

Once this case is assigned a judge, both parties will begin collecting evidence and conducting interviews. Because of the type of claim they can file, it will be a bench trial. Martinez and her team said they're committed to getting to that point.

CBS News Chicago reached out to the U.S. Department of Homeland Security, which would not comment on the suit but did say Exum was placed on administrative leave. They did not say for how long. 

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