By JIMMY LAWTON

WADDINGTON -- An attorney representing the Ogdensburg woman who was Tased and subdued by U.S. Border Patrol agents in May says he will be filing a lawsuit for excessive force and related claims against the Border Patrol and the agents involved.

Meanwhile, U.S. Customs and Border Protection says it has completed its internal investigation of the incident that is now being reviewed by the U.S. Department of Justice. The case will then go in front of the CBP’s Use of Force Review Board to determine if any policies were violated.

CBP also refused Thursday to release the names of the two agents who were captured in a video of the incident. Although agent’s names are typically located on their uniform, both agents were wearing protective vests that covered their nametags.

Ameer Benno of the New York City law firm Benno & Associates P.C., who represents Jessica Cooke, said his investigation is still underway

“We’re conducting our investigation and compiling as much information as we can before we take action,” Benno said. “We want to make sure we have as much information as we can, but we have every intention of seeking action.”

As part of that investigation, Benno says he has been in contact with the Border Patrol and other St. Lawrence County area law enforcement agencies to ensure evidence from the incident is preserved.

In May, Cooke said she was pulled in for a secondary inspection after agents said she appeared nervous at a Waddington immigration checkpoint.

Cooke said she refused a search of her trunk and was asked to wait for a K-9 Unit to arrive. A conversation with the agents escalated and she was eventually tackled and shocked by an “electronic control device,” commonly referred to as a “Taser,” after she resisted an agent who had grabbed her when she refused to comply with a request.

The incident was captured on video and went viral, sparking a wide range of public comment both in support and against Cooke’s actions. The video also raised questions about the legality of the actions taken by Cooke as well as the agents involved.

Benno says he intends to file lawsuits against the individual agents involved as well as against the agency itself, which in essence is the federal government.

“I am comfortable in saying that the border patrol is going to have a long row to hoe here in trying to explain their actions. Fortunately, my client had the good sense to record this incident. Had she not, I am confident in saying the border agents would have been telling quite a different story,” he said.

Benno says there is no question that the agents handled the situation poorly and that the shocking of Cooke was unnecessary.

“Upon my review of the video, it is very blatantly and clearly excessive force. There is no reason to use an electronic control device on somebody who is already subdued,” he said. “I think these border agents should answer for their actions.”

The U.S. Customs and Border Patrol Agency has remained quiet on the incident, but provided a statement Thursday, following repeated inquiries by North Country This Week.

“U.S. Customs and Border Protection (CBP) completed the final investigative report on the taser incident in mid-July and presented it for review to the U.S. Attorney’s Office, Department of Justice (DOJ). Following DOJ review, the case will be presented before CBP’s Use of Force Review Board (UFRB), at which time the UFRB will make the determination on whether the incident was within policy. If the UFRB determines that there was a policy violation or misconduct, then CBP will take all appropriate action,” spokeswoman Shelbe Benson-Fuller said in a prepared statement

Benson-Fuller said the agency will also be withholding the names of the agents involved for their own protection.

“It is CBP policy not to comment on any pending litigation, and the names of the agents will not be released to the general public due to their unique position as law enforcement officers who often confront the most dangerous elements of society, and they may be targeted by those elements based on these encounters”

Benno said he is proud of Cooke for having the courage to stand up to the federal agency and is hopeful it will inspire others to learn their rights.

“There is no reason people should ever have to be afraid of asserting their constitutional rights to the people that are sworn to protect them,” he said. “I admire Jessica for having had the courage to do what she did.”